Gustafson v Dippert
2009 NY Slip Op 09765 [68 AD3d 1680]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


William Gustafson, as Administrator D.B.N. of the Estate of Bruce G. Gustafson, Deceased, Respondent, v Paul C. Dippert, D.O., et al., Defendants, and Andrew J. Stansberry, R.P.A., et al., Appellants. (Appeal No. 2.)

—[*1] Gibson, McAskill & Crosby, LLP, Buffalo (Melissa L. Zittel of counsel), for defendants-appellants.

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

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered November 20, 2008 in a medical malpractice action. The order directed the oral examination before trial of defendants Andrew J. Stansberry, R.P.A. and Jeffrey D. Steinig, M.D.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Gustafson v Dippert (68 AD3d 1678 [2009]). Present—Martoche, J.P., Smith, Fahey, Carni and Pine, JJ.