DAVIS v. FIRMAN

CA 06-03624.

2008 NY Slip Op 06067

CHARLES L. DAVIS, PLAINTIFF-APPELLANT-RESPONDENT, v. RUSSELL FIRMAN, M.D., EMERGENCY MEDICINE PHYSICIANS OF CORTLAND COUNTY, PLLC, CORTLAND MEMORIAL HOSPITAL AND LYNN CUNNINGHAM, M.D., DEFENDANTS-RESPONDENTS-APPELLANTS.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 3, 2008.


Attorney(s) appearing for the Case

CHARLES L. DAVIS, BUFFALO, PLAINTIFF-APPELLANT-RESPONDENT PRO SE.

PHELAN, PHELAN & DANEK, LLP, ALBANY (TIMOTHY S. BRENNAN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS RUSSELL FIRMAN, M.D. AND EMERGENCY MEDICINE PHYSICIANS OF CORTLAND COUNTY, PLLC.

BROWN & TARANTINO, LLC, BUFFALO (NICOLE SCHREIB MAYER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS CORTLAND MEMORIAL HOSPITAL AND LYNN CUNNINGHAM, M.D.

PRESENT: SCUDDER, P.J., MARTOCHE, GREEN, PINE, AND GORSKI, JJ.


It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying the motion and cross motion for a change of venue and as modified the order is affirmed without costs.

Memorandum: Plaintiff appeals and defendants cross-appeal from an order granting the motion of plaintiff for leave to reargue his opposition to the respective motion and cross motion of defendants for an order changing the venue of this action from Erie County to Cortland...

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