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WISHOLEK v. DOUGLAS

97 N.Y.2d 740 (2002)

769 N.E.2d 808

743 N.Y.S.2d 51

BARBARA W. WISHOLEK et al., Respondents, v. GARY DOUGLAS, M.D., Defendant, and HEALTH CARE PLAN, INC., Appellant.

Court of Appeals of the State of New York.

Decided March 21, 2002.

Attorney(s) appearing for the Case

Feldman, Kieffer & Herman, LLP, Buffalo (Ann W. Herman of counsel), for appellant.

Stamm, Reynolds & Stamm, Williamsville (Bradley J. Stamm of counsel), for respondents.

Couch White, LLP, Albany (Harold N. Iselin of counsel), for Health Plan Association of New York, Inc., amicus curiae.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to Supreme Court, with directions to dismiss the action as against The Health Care Plan, Inc., solely upon the ground that the issue as presented in this case is moot.

This appeal arises from a medical malpractice action commenced by plaintiff and her husband against Dr. Gary Douglas and his employer, The Health Care Plan...

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