Mark Searle v Cayuga Medical Center At Ithaca (2006 NY Slip Op 05866)

Searle v Cayuga Med. Ctr. At Ithaca

2006 NY Slip Op 05866

Decided on July 20, 2006

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Thursday, September 21, 2006

Decided and Entered: July 20, 2006
98568

[*1]MARK SEARLE et al., Respondents,

v

CAYUGA MEDICAL CENTER AT ITHACA, Appellant.

DECISION AND ORDER ON MOTIONMotion for reargument or clarification.

Cross motion for reargument or clarification.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion and cross motion are granted, without costs, only to the extent that the decretal paragraph of the memorandum and order of this Court decided and entered April 6, 2006 is amended to read as follows: ORDERED that the order and judgment are reversed, on the law, and matter remitted to the Supreme Court for a new trial on the issue of apparent agency, with costs to abide the event. [As amended by unpublished order entered July 20, 2006.]

Mercure, J.P., Peters, Spain, Rose and Kane, JJ., concur.