Novak v Hicks (2015 NY Slip Op 03657)

Novak v Hicks

2015 NY Slip Op 03657 [128 AD3d 1371]

May 1, 2015

Appellate Division, Fourth Department

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

As corrected through Wednesday, July 1, 2015

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Jeffrey Novak, Appellant, v Frederick D. Hicks, DMD, Respondent, et al., Defendants.

Hall and Karz, Canandaigua (Peter Rolph of counsel), for plaintiff-appellant.

Feldman Kieffer, LLP, Buffalo (Rachel A. Emminger of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered March 31, 2014. The order, inter alia, granted the motion of defendant Frederick D. Hicks, DMD, for summary judgment dismissing the complaint against him.

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—Scudder, P.J., Centra, Peradotto, Valentino and Whalen, JJ.