Pemberton v Kaleida Health
2013 NY Slip Op 06161 [109 AD3d 1148]
September 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


Roy T. Pemberton et al., Appellants, v Kaleida Health, Respondent.

—[*1] Lewis & Lewis, P.C., Buffalo (Allan M. Lewis of counsel), for plaintiffs-appellants.

Gibson, McAskill & Crosby, LLP, Buffalo (Victor Oliveri of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered August 8, 2012. The order granted the motion of defendant for summary judgment and dismissed the complaint.

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—Smith, J.P., Carni, Sconiers and Valentino, JJ.