Grace P. v Children's Hosp. of Buffalo
2008 NY Slip Op 00772 [48 AD3d 1065]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


Grace P., an Infant, by and Through John P. and Another, Her Parents and Natural Guardians, et al., Appellants, v Children's Hospital of Buffalo et al., Respondents.

—[*1] Dempsey & Dempsey, Buffalo (Christopher P. Jurusik of counsel), for plaintiffs-appellants.

Feldman, Kieffer & Herman, LLP, Buffalo (James E. Eagan of counsel), for defendant-respondent Linda Brodsky, M.D.

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered June 12, 2007 in a medical malpractice action. The order denied the cross motion of plaintiffs to strike the answers of defendants on the ground of spoliation of evidence.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Smith, J.P., Lunn, Peradotto, Green and Pine, JJ.