Frank v Rochester Gen. Hosp.
2012 NY Slip Op 08944 [101 AD3d 1667]
December 21, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


Brenda Frank, as Parent and Natural Guardian of Alaina Frank, an Infant, Appellant-Respondent,
v
The Rochester General Hospital, Doing Business as Rochester General Hospital, Respondent-Appellant, et al., Defendants.

—[*1] Hogan Willig, Amherst (Jennifer L. Fay of counsel), for plaintiff-appellant-respondent.

Brown & Tarantino, LLC, Rochester (Jeffrey S. Albanese of counsel), for defendant-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered September 9, 2011. The order denied the motion of plaintiff to strike the answer of defendant the Rochester General Hospital, doing business as Rochester General Hospital, and ordered that an adverse inference charge shall be given at trial.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs (see Coleman v Putnam Hosp. Ctr., 74 AD3d 1009 [2010], lv dismissed 15 NY3d 857 [2010], 16 NY3d 884 [2011]). Present—Smith, J.P., Peradotto, Carni, Sconiers and Whalen, JJ.