| Der v Batra |
| 2004 NY Slip Op 04998 [8 AD3d 1133] |
| Decided on June 14, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ.
814 CA 03-02333
[*1]CONSTANCE DER AND EARL DER, PLAINTIFFS-RESPONDENTS, ORDER
v
ASHOK K. BATRA, M.D., UNIVERSITY SURGICAL ASSOCIATES, LLP, DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.
Appeals from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered January 13, 2003. The order, insofar as appealed from, denied the motions of defendants University Surgical Associates, LLP and Ashok K. Batra, M.D. for summary judgment dismissing the complaint against them in a medical malpractice action.
BLOCK, COLUCCI, NOTARO & LAING, P.C., BUFFALO (LINDA C. LAING OF COUNSEL), FOR DEFENDANT-APPELLANT ASHOK K. BATRA, M.D.
GALE & DANCKS, LLC, FAYETTEVILLE (MAX D. GALE OF COUNSEL), FOR DEFENDANT-APPELLANT UNIVERSITY SURGICAL ASSOCIATES, LLP.
MICHAEL J. MC DERMOTT, CICERO, FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court