Britt v Buffalo Mun. Hous. Auth.
2013 NY Slip Op 06199 [109 AD3d 1193]
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


Carmen Britt, Individually and as Executor of Lula Baity, Deceased, Appellant,
v
Buffalo Municipal Housing Authority et al., Respondents. (Appeal No. 1.)

—[*1] Law Office of Frank S. Falzone, Buffalo (Ronald P. Hart of counsel), for plaintiff-appellant.

Colucci & Gallaher, P.C., Buffalo (John J. Marchese of counsel), for defendants-respondents Buffalo Municipal Housing Authority, Elaine

Garbe and Bisilola F. Jackson, as Administrator of the Estate of Jerelene Elizabeth Giwa, Deceased.

Roach, Brown, McCarthy & Gruber, P.C., Buffalo (Elizabeth G. Adymy of counsel), for defendant-respondent Phillip J. Rados, M.D.

Feldman Kieffer, LLP, Buffalo (Adam C. Ferrandino of counsel), for defendants-respondents Grace Manor Health Care Facility, Inc., David J. Gentner, Mary Stephan, Kathy Randall and Tiffany Matthews.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered December 8, 2011. The order, among other things, granted the cross motions of defendants to amend their answers to assert affirmative defenses of res judicata and collateral estoppel.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988, 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Scudder, P.J., Fahey, Sconiers and Valentino, JJ.