HARRIS v. ROME MEM. HOSP.

483 CA 22-01512.

219 A.D.3d 1135 (2023)

193 N.Y.S.3d 611

2023 NY Slip Op 04277

Emmett Harris, Respondent, v. Rome Memorial Hospital et al., Defendants, and John Ellis, M.D., Individually and as an Agent, Officer and/or Employee of Rome Medical Radiology, Doing Business as Radiology Associates of New Hartford, LLP, et al., Appellants. (Appeal No. 5.)

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

Decided August 11, 2023.


Attorney(s) appearing for the Case

MARTIN, GANOTIS, BROWN, MOULD & CURRIE, P.C., DEWITT ( CAYLEY M. YOUNG OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

CHERUNDOLO LAW FIRM, PLLC, SYRACUSE ( JOHN C. CHERUNDOLO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Peradotto, J.P., Bannister, Montour and Greenwood, JJ.


Appeal from an order of the Supreme Court, Oneida County (Scott J. DelConte, J.), rendered September 21, 2022. The order denied the motion of defendants John Ellis, M.D. and Radiology Associates of New Hartford, LLP to compel plaintiff to accept service of their bill of particulars.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Harris v Rome Mem. Hosp. ([appeal No. 1] 219 A.D.3d 1129 [4th...

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