Erie County Med. Ctr. Corp. v Bystrak
2023 NY Slip Op 04844 [219 AD3d 1668]
September 29, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 8, 2023


[*1]
 Erie County Medical Center Corporation, Respondent,
v
Cathy J. Bystrak, Appellant, et al., Defendants.

Penberthy Law Group LLP, Buffalo (Brittanylee Penberthy of counsel), for defendant-appellant.

Rupp Pfalzgraf LLC, Buffalo (John A. Bargnesi of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Lynn W. Keane, J.), entered August 11, 2022. The order, insofar as appealed from, denied the motion of defendant Cathy J. Bystrak for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Curran, J.P., Montour, Ogden and DelConte, JJ.