D'AURIA v. DOUGHERTY

677 CA 23-00193.

2024 NY Slip Op 00520

ANTHONY D'AURIA AND LYNN D'AURIA, Plaintiffs-Respondents, v. DAVID R. DOUGHERTY, D.O., ET AL., Defendants, And ROBERT R. CONTI, M.D., Defendant-Appellant.

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

Decided February 2, 2024.


Attorney(s) appearing for the Case

RICOTTA MATTREY CALLOCHIA MARKEL & CASSERT, BUFFALO ( COLLEEN K. MATTREY OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOSEPH J. MANNA OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

CONNORS, LLP, BUFFALO ( JOHN LOSS OF COUNSEL), FOR DEFENDANTS DAVID R. DOUGHERTY, D.O., NAGARAJA SRIDHAR, M.D., JOHN GRISWOLD, M.D., AND BUFFALO MEDICAL GROUP, P.C.

PRESENT: WHALEN, P.J., LINDLEY, OGDEN, NOWAK, AND DELCONTE, JJ.


Appeal from an order of the Supreme Court, Erie County (John B. Licata, J.), entered August 11, 2022. The order denied the motion of defendant Robert R. Conti, M.D., for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 13, 17 and 24, 2023.

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon...

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