| Kazmierczak v Simmons |
| 2006 NY Slip Op 00776 [26 AD3d 904] |
| Decided on February 3, 2006 |
| 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 February 3, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, SCUDDER, GORSKI, AND GREEN, JJ.
97 CA 05-02087
[*1]LAURA KAZMIERCZAK AND JAMES KAZMIERCZAK, PLAINTIFFS-APPELLANTS, ORDER
v
EDWARD D. SIMMONS, JR., M.D., DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered April 29, 2005. The order, insofar as appealed from, granted that part of defendant's motion for summary judgment dismissing plaintiffs' informed consent claim.
KAVINOKY COOK LLP, BUFFALO (JOAN M. FILDES OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
GIBSON, MC ASKILL & CROSBY, LLP, BUFFALO (SALLY J. BROAD OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: February 3, 2006
JoAnn M. Wahl
Clerk of the Court