Opinion
09-30-2016
Maura CLUNE, Individually and as Administratrix of the Estate of James Campbell, Deceased, Plaintiff–Appellant, v. Michael C. MOORE, M.D., Defendant–Respondent, Mercy Hospital of Buffalo, et al., Defendants. (Appeal No. 2.).
Hogan Willig, PLLC, Amherst (Linda Lalli Stark of Counsel), for plaintiff-appellant. Gibson, McAskill & Crosby, LLP, Buffalo (Michael J. Willett of Counsel), for defendant-respondent.
Appeal from a judgment of the Supreme Court, Erie County (John M. Curran, J.), entered April 27, 2015. The judgment dismissed the complaint against defendant Michael C. Moore, M.D. upon defendants' motion pursuant to CPLR 4401.
Hogan Willig, PLLC, Amherst (Linda Lalli Stark of Counsel), for plaintiff-appellant.
Gibson, McAskill & Crosby, LLP, Buffalo (Michael J. Willett of Counsel), for defendant-respondent.
Same memorandum as in Clune v. Moore, (Appeal No. 1), 142 A.D.3d 1330, 38 N.Y.S.3d 852, 2016 WL 5514267 (Sept. 30, 2016).
It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the complaint is reinstated and a new trial is granted.
WHALEN, P.J., CARNI, LINDLEY, DeJOSEPH, and NEMOYER, JJ., concur.