Harmel v Mercy Hosp. of Buffalo Orchard Park Div.
2022 NY Slip Op 01680 [203 AD3d 1589]
March 11, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 4, 2022


[*1]
 Lisa Ann Harmel, Individually and as Administratrix of the Estate of Jean M. Harmel, Deceased, Respondent,
v
Mercy Hospital of Buffalo Orchard Park Division, Also Known as Mercy Ambulatory Care Center, et al., Defendants, and Ashok Kaushal, M.D., Appellant.

Roach, Brown, McCarthy & Gruber, P.C., Buffalo (Hedwig M. Auletta of counsel), for defendant-appellant.

Campbell & Associates, LLP, Eden, Magavern Magavern Grimm LLP, Buffalo (Edward J. Markarian of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered February 9, 2021. The order denied in part the motion of defendant Ashok Kaushal, M.D. for 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. Present—Smith, J.P., Centra, Peradotto, Lindley and Winslow, JJ.