BURTON v. MATTELIANO

CA 11-02538.

98 A.D.3d 1248 (2012)

951 N.Y.S.2d 772

2012 NY Slip Op 6410

IRIC BURTON, Appellant, v. ANDREW MATTELIANO, Respondent, et al., Defendants.

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

September 28, 2012.


It is hereby ordered that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Memorandum: Contrary to plaintiff's contention, Supreme Court properly granted the motion of Andrew Matteliano, M.D., incorrectly sued as Dr. Andrew Matteliano (defendant), seeking dismissal of the action against him pursuant to CPLR 3126 (3). Plaintiff commenced this action against, inter alia, defendant contending...

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