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Green v. Associated Medical Professionals of NY, PLLC

Supreme Court of New York, Fourth Department

November 15, 2013

DENNIS GREEN AND THERESA GREEN, PLAINTIFFS-RESPONDENTS,
v.
ASSOCIATED MEDICAL PROFESSIONALS OF NY, PLLC, AMP UROLOGY, TIMOTHY E. KENDRICK, RPAC, AND WILLIAM H. ROBERTS, M.D., DEFENDANTS-APPELLANTS. (ACTION NO. 1.) DENNIS GREEN AND THERESA GREEN, PLAINTIFFS-RESPONDENTS, SYRACUSE UROLOGY ASSOCIATES, P.C., DEFENDANT-APPELLANT. (ACTION NO. 2.) DENNIS GREEN AND THERESA GREEN, PLAINTIFFS-RESPONDENTS, MICHAEL JOSEPH KENDRICK, M.D., DEFENDANT-APPELLANT. (ACTION NO. 3.) (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered October 2, 2012. The order, inter alia, denied the motion of defendants to dismiss the complaints.

MARTIN, GANOTIS, BROWN, MOULD & CURRIE, P.C., DEWITT (DANIEL P. LARABY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

DEFRANCISCO & FALGIATANO LAW FIRM, SYRACUSE (JEAN MARIE WESTLAKE OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

PRESENT: SMITH, J.P., CENTRA, FAHEY, AND WHALEN, JJ.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motions are granted and the complaints are dismissed without prejudice.

Same Memorandum as in Green v Associated Med. Professionals of NY, PLLC ([appeal No. 1] ___ A.D.3d ___ [Nov. 15, 2013).


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