| Tirado v Koritz |
| 2017 NY Slip Op 08955 [156 AD3d 1345] |
| December 22, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Kandis Tirado et al., Respondents, v Sara H. Koritz, M.D., et al., Appellants. (Appeal No. 2.) |
Ricotta & Visco, Buffalo (Katherine V. Markel of counsel), for defendants-appellants.
Gerard A. Strauss, North Collins, for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered June 16, 2016. The order granted plaintiffs' motion seeking leave to reargue with respect to the cause of action for "assault and/or battery" and, upon reargument, vacated that part of a prior order dismissing that cause of action, and reinstated it.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Tirado v Koritz ([appeal No. 1] 156 AD3d 1342 [2017]). Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Curran, JJ.