| Hatch v St. Joseph's Hosp. Health Ctr. |
| 2019 NY Slip Op 05862 [174 AD3d 1407] |
| July 31, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| James Hatch et al., Appellants, v St. Joseph's Hospital Health Center et al., Defendants, and Robert E. Carlin, M.D., Respondent. (Appeal No. 2.) |
Sidney P. Cominsky, LLC, Syracuse (Sidney P. Cominsky of counsel), for plaintiffs-appellants.
Sugarman Law Firm, LLP, Syracuse (Jenna W. Klucsik of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered April 26, 2018. The order granted the motion of defendant Robert E. Carlin, M.D., for summary judgment and dismissed the amended complaint against him.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the second and seventh causes of action against defendant Robert E. Carlin, M.D., and as modified the order is affirmed without costs.
Same memorandum as in Hatch v St. Joseph's Hosp. Health Ctr. ([appeal No. 1] 174 AD3d 1404 [4th Dept 2019]). Present—Whalen, P.J., Smith, DeJoseph, NeMoyer and Curran, JJ.