SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
May 6, 2011
DONALD J. SHARKEY, PLAINTIFF-APPELLANT,
JOSEPH LIN-YUN CHOW, M.D., CELESTINE J. SZULEWSKI, P.A.,
SPRINGVILLE PEDIATRICS AND ADULT CARE, AND RONALD G. BASALYGA, M.D.,
DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered December 1, 2009 in a medical malpractice action. The order denied the motion of plaintiff to strike defendants' joint answer.
Sharkey v Chow
Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on May 6, 2011
PRESENT: SCUDDER, P.J., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Same Memorandum as in Sharkey v Chow ([appeal No. 2] ___ AD3d ___ [May 6, 2011]).
Entered: May 6, 2011
Patricia L. Morgan Clerk of the Court
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