| McCarthy v Shah |
| 2018 NY Slip Op 04888 [162 AD3d 1729] |
| June 29, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jean McCarthy, Appellant, v Siddhartha S. Shah, M.D., et al., Respondents. (Appeal No. 2.) |
Campbell & Associates, Eden (R. Colin Campbell of counsel), for plaintiff-appellant.
Gibson, McAskill & Crosby, LLP, Buffalo (Kara M. Eyre of counsel), for defendants-respondents.
Appeal from an order of the Supreme Court, Erie County (Eugene F. Pigott, Jr., J.), entered April 25, 2017. The order granted defendants' motion to dismiss plaintiff's claim for punitive damages.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the claim for punitive damages is reinstated.
Same memorandum as in McCarthy v Shah ([appeal No. 1] 162 AD3d 1727 [4th Dept 2018]). Present—Centra, J.P., Peradotto, Lindley, DeJoseph and Curran, JJ.