Daniels v Rumsey
2013 NY Slip Op 07614 [111 AD3d 1407]
November 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


Erica Daniels, Respondent, v Frances A. Rumsey, Appellant, et al., Defendant. (Appeal No. 1.)

—[*1] Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for defendant-appellant.

The Higgins Kane Law Group, P.C., Buffalo (Terrence P. Higgins of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered May 15, 2012. The order, inter alia, denied that part of the motion of defendant Frances A. Rumsey to compel a physical examination of plaintiff by an orthopedic specialist.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Daniels v Rumsey ([appeal No. 2] 111 AD3d —, 2013 NY Slip Op 07615 [2013]). Present—Scudder, P.J., Fahey, Peradotto, Lindley and Valentino, JJ.