Mesi v Rand
2008 NY Slip Op 02393 [49 AD3d 1297]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Joseph J. Mesi, II, Appellant, v Lawrence G. Rand, M.D., et al., Respondents, et al., Defendant.

—[*1] Brown Chiari LLP, Lancaster (David W. Olson of counsel), for plaintiff-appellant.

Ricotta & Naegely, Buffalo (Betsy Finnerty of counsel), for defendant-respondent Physicians Imaging Center of Amherst, New York, LLC.

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered April 11, 2007. The order granted the motions of defendants Lawrence G. Rand, M.D. and Physicians Imaging Center of Amherst, New York, LLC to dismiss the complaint against them and denied plaintiff's cross motion for leave to amend the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Scudder, P.J., Centra, Lunn, Fahey and Green, JJ.