FLATTERY, CAROLYN v. LALL, M.D., KAILASH C.

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

1276 CA 10-02483 PRESENT: SCUDDER, P.J., SMITH, GREEN, GORSKI, AND MARTOCHE, JJ.

CAROLYN FLATTERY, INDIVIDUALLY AND AS ATTORNEY-IN-FACT OF KEVIN FLATTERY, PLAINTIFF-APPELLANT,

V ORDER

KAILASH C. LALL, M.D., JOHN N. BRACH, M.D., CATHOLIC HEALTH SYSTEM, DOING BUSINESS AS MERCY HOSPITAL OF BUFFALO, AND SOUTHTOWNS RADIOLOGY ASSOCIATES, LLC, DEFENDANTS-RESPONDENTS.

HAMSHER & VALENTINE, BUFFALO (RICHARD P. VALENTINE OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BROWN & TARANTINO, LLC, BUFFALO (ANN M. CAMPBELL OF COUNSEL), FOR DEFENDANT-RESPONDENT KAILASH C. LALL, M.D.

GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (SALLY J. BROAD OF COUNSEL), FOR DEFENDANTS-RESPONDENTS JOHN N. BRACH, M.D. AND SOUTHTOWNS RADIOLOGY ASSOCIATES, LLC.

DAMON MOREY LLP, BUFFALO (AMY ARCHER FLAHERTY OF COUNSEL), FOR DEFENDANT-RESPONDENT CATHOLIC HEALTH SYSTEM, DOING BUSINESS AS MERCY HOSPITAL OF BUFFALO.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered September 7, 2010 in a medical malpractice action. The order granted defendants’ motions for summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: December 30, 2011 Frances E. Cafarell Clerk of the Court