| Woloszuk v Logan-Young |
| 2018 NY Slip Op 04178 [162 AD3d 1552] |
| June 8, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jacek Woloszuk, Individually and as Executor of the Estate of
Ellen Woloszuk, Deceased, Respondent, v Wende Logan-Young, M.D., Doing Business as Elizabeth Wende Breast Clinic, et al., Appellants, et al., Defendants. (Appeal No. 3.) |
Underberg & Kessler LLP, Rochester (Margaret E. Somerset of counsel), for defendants-appellants.
Paul William Beltz, P.C., Buffalo (Anne B. Rimmler of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered December 23, 2014. The order, inter alia, struck the answer of defendant "Elizabeth Wende Breast Clinic, LLC."
It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating that part of the first ordering paragraph striking the answer of defendant "Elizabeth Wende Breast Clinic, LLC" and as modified the order is affirmed without costs.
Same memorandum as in Woloszuk v Logan-Young ([appeal No. 1] 162 AD3d 1548 [4th Dept 2018]). Present—Whalen, P.J., Centra, Peradotto and Troutman, JJ.