Miller v Galler
2007 NY Slip Op 08545 [45 AD3d 1326]
November 9, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


Julie Miller, Individually and as Administrator of the Estate of Charles J. Miller, Deceased, Appellant, v Marvin Galler, M.D., Defendant, and George Kotlewski, M.D., Respondent. (Appeal No. 3.)

—[*1] Brian P. Fitzgerald, P.C., Buffalo (Brian P. Fitzgerald of counsel), for plaintiff-appellant.

Brown & Tarantino, LLC, Buffalo (Ann M. Campbell of counsel), for defendant-respondent.

Appeal from a judgment of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered June 2, 2006 in a medical malpractice and wrongful death action. The judgment, upon a jury verdict, dismissed the complaint against defendant George Kotlewski, M.D.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in Miller v Galler ([appeal No. 2] 45 AD3d 1325 [2007]). Present—Scudder, P.J., Gorski, Lunn, Peradotto and Green, JJ.