| Harris v Rome Mem. Hosp. |
| 2023 NY Slip Op 04274 [219 AD3d 1134] |
| August 11, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Emmett Harris, Respondent, v Rome Memorial Hospital et al., Appellants, et al., Defendants. (Appeal No. 2.) |
Gale Gale & Hunt, LLC, Fayetteville (Andrew R. Borelli of counsel), for defendant-appellant Rome Memorial Hospital.
Sugarman Law Firm, LLP, Syracuse (Cory J. Schoonmaker of counsel), for defendants-appellants Thomas K. Weidman, M.D. and another.
Martin, Ganotis, Brown, Mould & Currie, P.C., Dewitt (Cayley M. Young of counsel), for defendants-appellants John Ellis, M.D. and another.
Cherundolo Law Firm, PLLC, Syracuse (John C. Cherundolo of counsel), for plaintiff-respondent.
Appeals from an order of the Supreme Court, Oneida County (Scott J. DelConte, J.), entered September 21, 2022. The order, among other things, granted plaintiff's motion insofar as it sought to preclude certain defendants from offering evidence or arguing at the time of trial that the nonparty providers affiliated with Upstate University Hospital caused or contributed to plaintiff's injuries and from listing the nonparty providers on the verdict sheet.
It is hereby ordered that said appeal from the order insofar as it relates to the second, sixth, and seventh ordering paragraphs is unanimously dismissed and the order is modified on the law by denying the motion insofar as it sought to preclude certain defendants from offering evidence or arguing at the time of trial that the nonparty providers affiliated with Upstate University Hospital caused or contributed to plaintiff's injuries and from listing the nonparty providers on the verdict sheet and as modified the order is affirmed without costs.
Same memorandum as in Harris v Rome Mem. Hosp. ([appeal No. 1] 219 AD3d 1129 [4th Dept 2023]). Present—Peradotto, J.P., Bannister, Montour and Greenwood, JJ.