| Bubar v Brodman |
| 2019 NY Slip Op 08296 [177 AD3d 1364] |
| November 15, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Donna M. Bubar, Individually and as Executrix of the
Estate of Raymond Bubar, Deceased, Respondent, v Richard Brodman, M.D., et al., Appellants, et al., Defendants. (Appeal No. 3.) |
The Tarantino Law Firm, LLP, Buffalo (Ann M. Campbell of counsel), for defendants-appellants.
Richard P. Valentine, Esq., P.C., Buffalo (Richard P. Valentine of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered July 17, 2018. The order, insofar as appealed from, denied in part the motion of defendants Richard Brodman, M.D. and Buffalo Cardiothoracic Surgical, PLLC for summary judgment.
It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion of defendants Richard Brodman, M.D. and Buffalo Cardiothoracic Surgical, PLLC is granted in its entirety and the complaint is dismissed against those defendants.
Same memorandum as in Bubar v Brodman ([appeal No. 1] 177 AD3d 1358 [4th Dept 2019]). Present—Whalen, P.J., Peradotto, Lindley and DeJoseph, JJ.