| McCormack v University of Rochester |
| 2017 NY Slip Op 02269 [148 AD3d 1655] |
| March 24, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Claire McCormack, Individually and as Executor of Joseph W.
LaManna, Deceased, Respondent, v University of Rochester, Appellant, et al., Defendants. (Appeal No. 2.) |
Osborn, Reed & Burke, LLP, Rochester (Kathleen B. Benesh of counsel), for defendant-appellant University of Rochester.
Dominic Pellegrino, Rochester, for plaintiff-respondent.
Brown Gruttadaro Gaujen & Prato, LLC, Rochester (William Kalish of counsel), for defendants Westfall Cardiology, LLP and Adel B. Soliman, M.D.
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), rendered October 27, 2015. The order denied the motion of defendant University of Rochester 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.