WILK v. JAMES

401 CA 12-02019.

108 A.D.3d 1140 (2013)

969 N.Y.S.2d 359

2013 NY Slip Op 5376

JOANNE WILK, as Administratrix of the Estate of STEVEN R. WILK, Deceased, Respondent, v. DAVID M. JAMES, M.D., et al., Defendants, and LOUIS R. BAUMANN, M.D., et al., Appellants.

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

Decided July 19, 2013.


Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered August 23, 2012. The order denied the motion of defendants Louis R. Baumann, M.D., Carlo M. Perfetto, M.D. and Western New York Urology Associates, LLC, for summary judgment dismissing the amended complaint and all cross claims against them.

It is hereby ordered that the order so appealed from is reversed on the law without costs,...

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