Opinion
347 CA 18–01280
07-31-2019
James HATCH and Patricia Hatch, Plaintiffs–Appellants, v. ST. JOSEPH'S HOSPITAL HEALTH CENTER, et al., Defendants, and Robert E. Carlin, M.D., Defendant–Respondent. (Appeal No. 2.)
SIDNEY P. COMINSKY, LLC, SYRACUSE (SIDNEY P. COMINSKY OF COUNSEL), FOR PLAINTIFFS–APPELLANTS. SUGARMAN LAW FIRM, LLP, SYRACUSE (JENNA W. KLUCSIK OF COUNSEL), FOR DEFENDANT–RESPONDENT.
SIDNEY P. COMINSKY, LLC, SYRACUSE (SIDNEY P. COMINSKY OF COUNSEL), FOR PLAINTIFFS–APPELLANTS.
SUGARMAN LAW FIRM, LLP, SYRACUSE (JENNA W. KLUCSIK OF COUNSEL), FOR DEFENDANT–RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, DEJOSEPH, NEMOYER, AND CURRAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the second and seventh causes of action against defendant Robert E. Carlin, M.D., and as modified the order is affirmed without costs. Same memorandum as in Hatch v. St. Joseph's Hosp. Health Ctr. (Appeal No. 1), 174 A.D.3d 1404, 105 N.Y.S.3d 742, 2019 WL 3437640 (July 31, 2019) (4th Dept. 2019).