SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
May 6, 2011
DONALD J. SHARKEY, PLAINTIFF-APPELLANT-RESPONDENT,
JOSEPH LIN-YUN CHOW, M.D., CELESTINE J. SZULEWSKI, P.A., SPRINGVILLE PEDIATRICS AND ADULT CARE, DEFENDANTS-RESPONDENTS, AND RONALD G. BASALYGA, M.D., DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 4.)
Appeal and cross appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered September 2, 2010 in a medical malpractice action. The order, inter alia, granted plaintiff's motion for leave to renew and, upon renewal, adhered to the court's prior determination denying 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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