EMERSON v. KALEIDA HEALTH

410 CA 22-00639.

217 A.D.3d 1540 (2023)

192 N.Y.S.3d 839

2023 NY Slip Op 03612

Betsey H. Emerson et al., Appellants, v. Kaleida Health, Also Known as Buffalo General Hospital, Respondent. (Appeal No. 1.).

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

Decided June 30, 2023.


Attorney(s) appearing for the Case

LAW OFFICE OF J. MICHAEL HAYES, BUFFALO ( J. MICHAEL HAYES OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

CONNORS LLP, BUFFALO ( BRYAN P. KROETSCH of counsel), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Peradotto, Bannister and Ogden, JJ.


Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered March 31, 2022. The order granted the motion of defendant for summary judgment.

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

Memorandum: These appeals arise from two consolidated medical malpractice actions in which plaintiffs seek damages under several legal theories for, inter...

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