Miller v Mercy Hosp.
2007 NY Slip Op 05007 [41 AD3d 1259]
June 8, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


Kathleen Miller et al., Respondents, v Mercy Hospital, Appellant.

—[*1] Damon & Morey LLP, Buffalo (Amy Archer Flaherty of counsel), for defendant-appellant.

Cantor, Lukasik, Dolce & Panepinto, P.C., Buffalo (Edward L. Smith, III, of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered August 23, 2006 in a personal injury action. The order denied defendant's motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Martoche, J.P., Lunn, Peradotto, Green and Pine, JJ.