Burry v Alexander
2022 NY Slip Op 06395 [210 AD3d 1454]
November 10, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4, 2023


[*1]
 Jennifer Burry, Individually and as Executor of the Estate of Theresa Burry, Deceased, Respondent,
v
Daniel Alexander, M.D., et al., Appellants, et al., Defendants.

Brown, Gruttadaro & Prato, PLLC, Rochester (Dennis Gruttadaro of counsel), for defendants-appellants.

Mangan Louis LLP, New York City (Michael G. Mangan of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Ontario County (William K. Taylor, J.), entered April 8, 2021. The order denied the motion of defendants Daniel Alexander, M.D., Erin Wilkinson, P.A., and Finger Lakes Health, doing business as Finger Lakes Bone and Joint, LLP, doing business as Finger Lakes Health 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., Peradotto, Curran, Winslow and Montour, JJ.