CAI v. MISERENDINO

273 CA 22-00036.

217 A.D.3d 1392 (2023)

190 N.Y.S.3d 758

2023 NY Slip Op 03117

John J. Cai et al., Respondents, v. Joy E. Miserendino et al., Appellants. Mercy Hospital of Buffalo et al., Nonparty Respondents.

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

Decided June 9, 2023.


Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, SARATOGA SPRINGS ( PHILLIP A. OSWALD of counsel), FOR DEFENDANTS-APPELLANTS.

DUKE, HOLZMAN, PHOTIADIS & GRESENS, LLP, BUFFALO ( STEVEN W. KLUTKOWSKI OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

STILLWELL VISCO, BUFFALO ( DAVID M. STILLWELL of counsel), FOR NONPARTY-RESPONDENTS.

Present—Smith, J.P., Lindley, Curran, Ogden and Greenwood, JJ.


Appeal from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered December 1, 2021. The order determined that certain documents are not discoverable.

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

Memorandum: Plaintiffs commenced this action alleging, inter alia, breach of oral contract, quantum meruit, promissory estoppel, and unjust enrichment arising out of defendants' alleged failure to compensate...

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