Jurkowski v Sheehan Mem. Hosp. (2011 NY Slip Op 05312)

Jurkowski v Sheehan Mem. Hosp.

2011 NY Slip Op 05312 [85 AD3d 1674]

June 17, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 10, 2011

Waldemar H. Jurkowski, by Edward C. Cosgrove, Guardian of His Person and Property, Appellant,
v
Sheehan Memorial Hospital, Respondent, et al., Defendants. (Appeal No. 3.)

—[*1] Edward C. Cosgrove, Buffalo (Philip H. Magner, Jr., of the Florida Bar, admitted pro hac vice, of counsel), for plaintiff-appellant.

Roach, Brown, McCarthy & Gruber, P.C., Buffalo (Joseph V. McCarthy of counsel), for defendant-respondent.

Appeal from a judgment of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered January 21, 2010 in a medical malpractice action. The judgment, inter alia, dismissed the second amended complaint against defendant Sheehan Memorial Hospital.

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

Same memorandum as in Jurkowski v Sheehan Mem. Hosp. ([appeal No. 1] 85 AD3d 1672 [2011]). Present—Scudder, P.J., Centra, Peradotto, Gorski and Martoche, JJ.