McCarthy v. Shah

2018 NY Slip Op 4888
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 29, 2018
Docket749 CA 17-01192
StatusPublished

This text of 2018 NY Slip Op 4888 (McCarthy v. Shah) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCarthy v. Shah, 2018 NY Slip Op 4888 (N.Y. Ct. App. 2018).

Opinion

McCarthy v Shah (2018 NY Slip Op 04888)
McCarthy v Shah
2018 NY Slip Op 04888
Decided on June 29, 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 June 29, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, DEJOSEPH, AND CURRAN, JJ.

749 CA 17-01192

[*1]JEAN MCCARTHY, PLAINTIFF-APPELLANT,

v

SIDDHARTHA S. SHAH, M.D. AND GASTROENTEROLOGY ASSOCIATES, LLP, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)


CAMPBELL & ASSOCIATES, EDEN (R. COLIN CAMPBELL OF COUNSEL), FOR PLAINTIFF-APPELLANT.

GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (KARA M. EYRE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.



Appeal from an order of the Supreme Court, Erie County (Eugene F. Pigott, Jr., J.), entered April 25, 2017. The order granted defendants' motion to dismiss plaintiff's claim for punitive damages.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the claim for punitive damages is reinstated.

Same memorandum as in McCarthy v Shah ([appeal No. 1] — AD3d — [June 29, 2018] [4th Dept 2018]).

Entered: June 29, 2018

Mark W. Bennett

Clerk of the Court



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Related

§ 431
New York JUD § 431

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2018 NY Slip Op 4888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarthy-v-shah-nyappdiv-2018.