Cassatt v. Zimmer, Inc.

2018 NY Slip Op 3268

Opinion

Cassatt v Zimmer, Inc. (2018 NY Slip Op 03268)

Cassatt v Zimmer, Inc.

2018 NY Slip Op 03268

Decided on May 4, 2018

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 4, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., LINDLEY, DEJOSEPH, CURRAN, AND TROUTMAN, JJ.

488 CA 17-01175

[*1]ESTHER CASSATT, PLAINTIFF-APPELLANT,

v

ZIMMER, INC. AND ZIMMER UPSTATE NEW YORK, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

LAW OFFICE OF MARK H. CANTOR, LLC, BUFFALO (DAVID WOLFF OF COUNSEL), FOR PLAINTIFF-APPELLANT.

FAEGRE BAKER DANIELS LLP, FORT WAYNE, INDIANA (PETER A. MEYER, OF THE INDIANA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND GOLDBERG SEGALLA LLP, BUFFALO, FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Niagara County (Mark Montour, J.), entered February 23, 2017. The order denied the motion of plaintiff for leave to reargue and renew her opposition to defendants' prior motion.

It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Same memorandum as in Cassatt v Zimmer, Inc. ([appeal No. 1] — AD3d — [May 4, 2018] [4th Dept 2018]).

Entered: May 4, 2018

Mark W. Bennett

Clerk of the Court