Tobey v Windsong Radiology Group, P.C.
2016 NY Slip Op 02277 [137 AD3d 1770]
March 25, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 27, 2016


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  Jeffrey S. Tobey, Respondent, v Windsong Radiology Group, P.C., et al., Appellants.

Roach, Brown, McCarthy & Gruber, P.C., Buffalo (J. Mark Gruber of counsel), for defendants-appellants.

Paul William Beltz, P.C., Buffalo (Craig R. Watson of counsel), for plaintiff-respondent.

Appeal from an order the Supreme Court, Erie County (John M. Curran, J.), entered March 2, 2015. The order, insofar as appealed from, denied in part the motion of defendants for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Centra, Peradotto and Carni, JJ.