Kash v Jewish Health Care Sys. of Rochester, Inc. (2012 NY Slip Op 06437)

Kash v Jewish Health Care Sys. of Rochester, Inc.

2012 NY Slip Op 06437 [98 AD3d 1274]

September 28, 2012

Appellate Division, Fourth Department

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

As corrected through Wednesday, October 24, 2012

Laurie Kash, Individually and as Limited Administrator of the Estate of Gertrude Kash, Deceased, Appellant, v Jewish Health Care System of Rochester, Inc., et al., Respondents. (Appeal No. 1.)

—[*1] Faraci Lange, LLP, Rochester (Stephen G. Schwarz of counsel), for plaintiff-appellant.

Underberg & Kessler LLP, Buffalo (Thomas F. Knab of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (David Michael Barry, J.), entered August 12, 2011 in a declaratory judgment action. The order, inter alia, determined that defendants are entitled to a declaration that plaintiff breached a confidentiality agreement between the parties.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v Shevlin-Manning, Inc., 147 AD2d 977 [1989]). Present—Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.