Vogt v. University of Rochester, Inc.

2021 NY Slip Op 00660, 137 N.Y.S.3d 757, 191 A.D.3d 1242

Opinion

Vogt v University of Rochester, Inc. (2021 NY Slip Op 00660)

Vogt v University of Rochester, Inc.

2021 NY Slip Op 00660

Decided on February 5, 2021

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 February 5, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CARNI, J.P., LINDLEY, CURRAN, TROUTMAN, AND BANNISTER, JJ.

39 CA 20-00502

[*1]RICHARD G. VOGT, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF LINDA VOGT, DECEASED, PLAINTIFF-APPELLANT,

v

UNIVERSITY OF ROCHESTER, INC., STRONG MEMORIAL HOSPITAL AND CHRISTOPHER F. GALTON, M.D., DEFENDANTS-RESPONDENTS.

DAVID A. JOHNS, PULTNEYVILLE, FOR PLAINTIFF-APPELLANT.

WARD GREENBERG HELLER & REIDY LLP, ROCHESTER (DANIEL P. PURCELL OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Monroe County (William K. Taylor, J.), entered February 13, 2020. The order granted the motion of defendants for dismissal of plaintiff's claim for punitive damages.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: February 5, 2021

Mark W. Bennett

Clerk of the Court