Cornelius v. Tussing

Full title: DOUGLAS A. CORNELIUS, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Jun 11, 2021

2021 N.Y. Slip Op. 3765 (N.Y. App. Div. 2021)

Opinion

637 CA 20-00489

06-11-2021

DOUGLAS A. CORNELIUS, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF SUSAN CORNELIUS, DECEASED, PLAINTIFF-APPELLANT, v. GORDON TUSSING, D.O., DEFENDANT-APPELLANT, AND KALEIDA HEALTH, DOING BUSINESS AS BUFFALO GENERAL MEDICAL CENTER, DEFENDANT-RESPONDENT.

HOGAN WILLIG, PLLC, AMHERST (RYAN C. JOHNSEN OF COUNSEL), FOR PLAINTIFF-APPELLANT. GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (CRAIG R. WATSON OF COUNSEL), FOR DEFENDANT-APPELLANT. ROACH, BROWN, MCCARTHY & GRUBER, P.C., BUFFALO (HEDWIG M. AULETTA OF COUNSEL), FOR DEFENDANT-RESPONDENT.

SMITH, J.P., LINDLEY, TROUTMAN, AND WINSLOW, JJ.

PRESENT:

HOGAN WILLIG, PLLC, AMHERST (RYAN C. JOHNSEN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (CRAIG R. WATSON OF COUNSEL), FOR DEFENDANT-APPELLANT.

ROACH, BROWN, MCCARTHY & GRUBER, P.C., BUFFALO (HEDWIG M. AULETTA OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeals from an order and judgment (one paper) of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered March 4, 2020. The order and judgment granted the motion of defendant Kaleida Health, doing business as Buffalo General Medical Center, for summary judgment and dismissed the complaint and all cross claims against that defendant.

It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.

Entered: June 11, 2021

Mark W. Bennett

Clerk of the Court