| Gumkowski v Schwaab |
| 2025 NYSlipOp 07140 [244 AD3d 1759] |
| December 23, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Kathleen Gumkowski, Individually and as Administrator of the Estate of Gregory Gumkowski, Deceased, Respondent, v Thomas Schwaab, M.D., et al., Appellants, et al., Defendants. |
Hurwitz & Fine, P.C., Buffalo (V. Christopher Potenza of counsel), for defendants-appellants.
The Dempsey Firm PLLC, Buffalo (Catherine B. Dempsey of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (John B. Licata, J.), entered July 25, 2024, in a medical malpractice action. The order, insofar as appealed from, denied that part of the motion of defendants Thomas Schwaab, M.D., Meghan Kurtz, P.A., and Christine Pieri, R.N. for summary judgment dismissing the complaint and cross-claims against them.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Gumkowski v Schwaab ([appeal No. 2] 244 AD3d 1755 [4th Dept 2025]). Present—Montour, J.P., Smith, Greenwood, Nowak and Keane, JJ.