Woods v Chey
2008 NY Slip Op 10367 [57 AD3d 1475]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


James Woods et al., Individually and as Parents and Natural Guardians of Jennifer Woods, an Infant, Respondents, v William Y. Chey, M.D., et al., Appellants, et al., Defendant.

—[*1] Martin, Ganotis, Brown, Mould & Currie, P.C., Dewitt (Mark Dunn of counsel), for defendants-appellants William Y. Chey, M.D. and William Y. Chey, M.D., D.S.C. & Associate for Digestive and Liver Diseases, PLLC.

Brown & Tarantino, LLC, Buffalo (Ann M. Campbell of counsel), for defendants-appellants ViaHealth, the Rochester General Hospital, Vincent D. Chang, M.D. and Vincent D. Chang, M.D., PLLC.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiffs-respondents.

Appeals from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered February 28, 2008 in a medical malpractice action. The order denied the motions of defendants-appellants for summary judgment dismissing the complaint against them.

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—Centra, J.P., Peradotto, Green and Pine, JJ.