Flattery v Lall
2011 NY Slip Op 09697 [90 AD3d 1626]
December 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


Carolyn Flattery, Individually and as Attorney-in-Fact of Kevin Flattery, Appellant,
v
Kailash C. Lall, M.D., et al., Respondents.

—[*1] Hamsher & Valentine, Buffalo (Richard P. Valentine of counsel), for plaintiff-appellant.

Brown & Tarantino, LLC, Buffalo (Ann M. Campbell of counsel), for defendant-respondent Kailash C. Lall, M.D.

Gibson, McAskill & Crosby, LLP, Buffalo (Sally J. Broad of counsel), for defendants-respondents John N. Brach, M.D. and Southtowns Radiology Associates, LLC.

Damon Morey LLP, Buffalo (Amy Archer Flaherty of counsel), for defendant-respondent Catholic Health System, Doing Business as Mercy Hospital of Buffalo.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered September 7, 2010 in a medical malpractice action. The order granted defendants' motions for summary judgment.

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—Scudder, P.J., Smith, Green, Gorski and Martoche, JJ.