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Marguerite James v. David Wormuth

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 23, 2012

MARGUERITE JAMES,
PLAINTIFF-APPELLANT,
v.
DAVID WORMUTH, M.D. AND CNY THORACIC SURGERY, P.C.,
DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)

Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered January 11, 2011 in a medical malpractice action.

James v Wormuth

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 March 23, 2012

PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND SCONIERS, JJ.

The order granted the motion of defendants at the close of plaintiff's proof to dismiss the amended complaint.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435; see also CPLR 5501 [a] [1]).

Entered: March 23, 2012

Frances E. Cafarell Clerk of the Court

20120323

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