| Woloszuk v Logan-Young |
| 2018 NY Slip Op 04179 [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. 4.) |
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, among other things, granted the motion of plaintiff to amend the caption and directed that the previously imposed sanction of striking the answer shall apply to defendant Wende Logan-Young, M.D., doing business as Elizabeth Wende Breast Clinic.
It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the third ordering paragraph and substituting therefor a provision directing defendant Wende Logan-Young, M.D., doing business as Elizabeth Wende Breast Clinic, to reimburse plaintiff for expenses incurred as a result of the delayed disclosure, 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.