Narain v Vilardo
2006 NY Slip Op 08545 [34 AD3d 1336]
November 17, 2006
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 17, 2007


Basse Narain et al., Appellants, v Michael L. Vilardo, M.D., et al., Defendants, and Ophthalmology Associates of Western New York, P.C., Respondent. (Appeal No. 2.)

[*1]Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered September 14, 2005. The order, upon reargument, adhered to the court's prior decision granting that part of the cross motion of defendants Michael L. Vilardo, M.D. and Ophthalmology Associates of Western New York, P.C. for summary judgment dismissing the complaint against defendant Ophthalmology Associates of Western New York, P.C.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decisions at Supreme Court. Present—Hurlbutt, A.P.J., Gorski, Smith and Centra, JJ.