| Harris v Rome Mem. Hosp. |
| 2023 NY Slip Op 04275 [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., Defendants, and Thomas K. Weidman, M.D., Individually and as Agent, Officer and/or Employee of Upstate University Hospital and/or Upstate Emergency Medicine, Inc., et al., Appellants. (Appeal No. 3.) |
Sugarman Law Firm, LLP, Syracuse (Cory J. Schoonmaker of counsel), for defendants-appellants.
Cherundolo Law Firm, PLLC, Syracuse (John C. Cherundolo of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Oneida County (Scott J. DelConte, J.), entered September 21, 2022. The order denied the motion of defendants Upstate Emergency Medicine, Inc. and Thomas K. Weidman, M.D. for an order compelling plaintiff to accept service of their bill of particulars and directing that nonparty providers be included on the verdict sheet.
It is hereby ordered that said appeal from the order insofar as it denied that part of the motion seeking an order compelling plaintiff to accept the bill of particulars is unanimously dismissed and 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.