Woloszuk v. Logan-Young

Full title: JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Apr 18, 2018

2018 N.Y. Slip Op. 70819 (N.Y. App. Div. 2018)

Opinion

DOCKET NO. CA 15-00493 DOCKET NO. CA 15-00494 DOCKET NO. CA 15-00495 DOCKET NO. CA 15-00496 DOCKET NO. CA 15-01165

04-18-2018

JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT, v. WENDE LOGAN-YOUNG, M.D., DOING BUSINESS AS ELIZABETH WENDE BREAST CLINIC, LLC, WENDE LOGAN-YOUNG, M.D., PHILIP MURPHY, M.D., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT, v. WENDE LOGAN-YOUNG, M.D., DOING BUSINESS AS ELIZABETH WENDE BREAST CLINIC, LLC, ET AL., DEFENDANTS, WENDE LOGAN-YOUNG, M.D., AND PHILIP MURPHY, M.D., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT, v. WENDE LOGAN-YOUNG, M.D., DOING BUSINESS AS ELIZABETH WENDE BREAST CLINIC, LLC, WENDE LOGAN-YOUNG, M.D., PHILIP MURPHY, M.D., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 3.) JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT, v. WENDE LOGAN-YOUNG, M.D., DOING BUSINESS AS ELIZABETH WENDE BREAST CLINIC, LLC, WENDE LOGAN-YOUNG, M.D., PHILIP MURPHY, M.D., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 4.) JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT, v. WENDE LOGAN-YOUNG, M.D., DOING BUSINESS AS ELIZABETH WENDE BREAST CLINIC, LLC, WENDE LOGAN-YOUNG, M.D., PHILIP MURPHY, M.D., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 5.)

WHALEN, P.J., SMITH, CENTRA, AND LINDLEY, JJ.

PRESENT:

Appellants Wende Logan-Young, M.D. doing business as Elizabeth Wende Breast Clinic, Wende Logan-Young, M.D., individually, and Philip Murphy, M.D. having moved for this Court to take judicial notice of plaintiffs' amended complaint dated September 8, 2017, in the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 27, 2014, July 7, 2014, December 23, 2014, and March 20, 2015,

Now, upon reading and filing the affirmation of David H. Fitch, Esq., dated April 4, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that judicial notice is hereby taken that plaintiff served and filed the amended complaint dated September 8, 2017.

Entered: April 18, 2018

Mark W. Bennett, Clerk