| Cleveland v Perry |
| 2019 NY Slip Op 06307 [175 AD3d 1021] |
| August 22, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Tammy A. Cleveland, Individually and as Administratrix of the
Estate of Michael E. Cleveland, Deceased, Appellant-Respondent, v Gregory C. Perry, M.D., et al., Respondents-Appellants. (Appeal No. 2.) |
Burkwit Law Firm, PLLC, Rochester (Charles F. Burkwit of counsel), for plaintiff-appellant-respondent.
Sugarman Law Firm, LLP, Syracuse (Jenna W. Klucsik of counsel), for defendants-respondents-appellants Gregory C. Perry, M.D., and another.
Gibson, McAskill & Crosby, LLP, Buffalo (Michael J. Willett of counsel), for defendants-respondents-appellants Kaleida Health and another.
Appeal and cross appeals from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered May 8, 2018. The order granted in part defendants' motions for summary judgment dismissing plaintiff's complaint.
It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motions of defendants seeking summary judgment dismissing the sixth and eighth causes of action, and as modified the order is affirmed without costs.
Same memorandum as in Cleveland v Perry ([appeal No. 1] 175 AD3d 1017 [4th Dept 2019]). Present—Centra, J.P., Peradotto, DeJoseph, Curran and Winslow, JJ.