| Sweeney v Niagara Lutheran Dev., Inc. |
| 2025 NYSlipOp 01760 [236 AD3d 1496] |
| March 21, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Sweeney, as Administrator of the Estate of Marie Sweeney, Deceased, Respondent-Appellant, v Niagara Lutheran Development, Inc., Doing Business as Greenfield Health & Rehabilitation Center, et al., Respondents, and Patrick Siaw, M.D., Appellant-Respondent. (Appeal No. 3.) |
Gibson, McAskill & Crosby, LLP, Buffalo (Amanda C. Rossi of counsel), for defendant-appellant-respondent.
Campbell and Associates, Hamburg (David J. Wolff, Jr., of counsel), for plaintiff-respondent-appellant.
Hurwitz & Fine, P.C., Buffalo (V. Christopher Potenza of counsel), for defendants-respondents.
Appeal and cross-appeal from an amended order of the Supreme Court, Erie County (Mark J. Grisanti, A.J.), entered March 1, 2024. The amended order, among other things, denied in part the motion of defendant Patrick Siaw, M.D. for summary judgment dismissing the amended complaint against him, and granted the motion of defendants Niagara Lutheran Development, Inc., doing business as Greenfield Health & Rehabilitation Center, and Niagara Lutheran Health System, Inc., for summary judgment dismissing the amended complaint against them.
It is hereby ordered that said appeal and cross-appeal are unanimously dismissed without costs.
Same memorandum as in Sweeney v Niagara Lutheran Dev., Inc. ([appeal No. 1] 236 AD3d 1492 [4th Dept 2025]). Present—Whalen, P.J., Lindley, Bannister, Nowak and Hannah, JJ.