Opinion
No. 06-01880.
November 9, 2007.
Appeal from a judgment of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered June 2, 2006 in a medical malpractice and wrongful death action. The judgment, upon a jury verdict, dismissed the complaint against defendant George Kotlewski, M.D.
BRIAN P. FITZGERALD, P.C., BUFFALO (BRIAN P. FITZGERALD OF COUNSEL), FOR PLAINTIFF-APPELLANT.
BROWN TARANTINO, LLC, BUFFALO (ANN M. CAMPBELL OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Scudder, P.J., Gorski, Lunn, Peradotto and Green, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Same memorandum as in Miller v Galler ([appeal No. 2] 45 AD3d 1325).