| Merry v Edwards |
| 2020 NY Slip Op 03317 [184 AD3d 1118] |
| June 12, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Bryan Merry, as Administrator of the Estate of Nancy Merry,
Deceased, Appellant-Respondent, v Frank J. Edwards, M.D., et al., Defendants, and Alicia S. Calagiovanni, as Public Administratrix of the Estate of Donald L. Jackson, M.D., Deceased, et al., Respondents-Appellants. |
Richard P. Valentine, Esq., P.C., Buffalo (Richard P. Valentine of counsel), for plaintiff-appellant-respondent.
Colucci & Gallaher, P.C., Buffalo (Marylou K. Roshia of counsel), for defendants-respondents-appellants.
Appeal and cross appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered February 8, 2019. The order, inter alia, denied in part the motion of defendants Alicia S. Calagiovanni, as public administratrix of the estate of Donald L. Jackson, M.D., and the Memorial Hospital of William F. and Gertrude F. Jones, Inc., for summary judgment dismissing the complaint against them and denied the motion of plaintiff for partial summary judgment.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2019 NY Slip Op 52188[U] [Sup Ct, Allegany County 2019]). Present—Smith, J.P., Carni, Lindley, Curran and DeJoseph, JJ.