September 27, 2013
ROY T. PEMBERTON AND LYNETTE PEMBERTON, PLAINTIFFS-APPELLANTS,
KALEIDA HEALTH, DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered August 8, 2012. The order granted the motion of defendant for summary judgment and dismissed the complaint.
LEWIS & LEWIS, P.C., BUFFALO (ALLAN M. LEWIS OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (VICTOR OLIVERI OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: SMITH, J.P., CARNI, SCONIERS, AND VALENTINO, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.