McCormack v University of Rochester
2017 NY Slip Op 02268 [148 AD3d 1654]
March 24, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 3, 2017


[*1]
 Claire McCormack, Individually and as Executor of Joseph W. LaManna, Deceased, Respondent,
v
University of Rochester, Defendant, and Westfall Cardiology, LLP, et al., Appellants. (Appeal No. 1.)

Brown Gruttadaro Gaujen & Prato, LLC, Rochester (William Kalish of counsel), for defendants-appellants Westfall Cardiology, LLP and Adel B. Soliman, M.D.

Dominic Pellegrino, Rochester, for plaintiff-respondent.

Osborn, Reed & Burke, LLP, Rochester (Kathleen B. Benesh of counsel), for defendant University of Rochester.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), rendered October 27, 2015. The order denied the motion of defendants Westfall Cardiology, LLP, and Adel B. Soliman, M.D., for summary judgment.

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—Whalen, P.J., Smith, Centra, Curran and Scudder, JJ.