EMMETT HARRIS PLAINTIFF RESPONDENT v. ROME MEMORIAL HOSPITAL THOMAS WEIDMAN INDIVIDUALLY AND AS AN AGENT OFFICER AND OR EMPLOYEE OF UPSTATE UNIVERSITY HOSPITAL AND OR UPSTATE EMERGENCY MEDICINE INC UPSTATE EMERGENCY MEDICINE INC JOHN ELLIS INDIVIDUALLY AND AS AN AGENT OFFICER AND OR EMPLOYEE OF ROME MEDICAL RADIOLOGY DOING BUSINESS AS RADIOLOGY ASSOCIATES OF NEW HARTFORD LLP RADIOLOGY ASSOCIATES OF NEW HARTFORD LLP DEFENDANTS APPELLANTS ET AL DEFENDANTS APPEAL NO (2023)

Supreme Court, Appellate Division, Fourth Department, New York.

EMMETT HARRIS, PLAINTIFF-RESPONDENT, v. ROME MEMORIAL HOSPITAL, THOMAS K. WEIDMAN, M.D., INDIVIDUALLY AND AS AN AGENT, OFFICER, AND/OR EMPLOYEE OF UPSTATE UNIVERSITY HOSPITAL AND/OR UPSTATE EMERGENCY MEDICINE, INC., UPSTATE EMERGENCY MEDICINE, INC., JOHN ELLIS, M.D., INDIVIDUALLY AND AS AN AGENT, OFFICER AND/OR EMPLOYEE OF ROME MEDICAL RADIOLOGY, DOING BUSINESS AS RADIOLOGY ASSOCIATES OF NEW HARTFORD, LLP, RADIOLOGY ASSOCIATES OF NEW HARTFORD, LLP, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)

480 Decided: August 11, 2023

PRESENT: PERADOTTO, J.P., BANNISTER, MONTOUR, AND GREENWOOD, JJ.

GALE GALE & HUNT, LLC, FAYETTEVILLE (ANDREW R. BORELLI OF COUNSEL), FOR DEFENDANT-APPELLANT ROME MEMORIAL HOSPITAL. SUGARMAN LAW FIRM, LLP, SYRACUSE (CORY J. SCHOONMAKER OF COUNSEL), FOR DEFENDANTS-APPELLANTS THOMAS K. WEIDMAN, M.D., AND UPSTATE EMERGENCY MEDICINE, INC. MARTIN, GANOTIS, BROWN, MOULD & CURRIE, P.C., DEWITT (CAYLEY M. YOUNG OF COUNSEL), FOR DEFENDANTS-APPELLANTS JOHN ELLIS, M.D., AND RADIOLOGY ASSOCIATES OF NEW HARTFORD, LLP. CHERUNDOLO LAW FIRM, PLLC, SYRACUSE (JOHN C. CHERUNDOLO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal from the order insofar as it relates to the second, sixth, and seventh ordering paragraphs is unanimously dismissed and the order is modified on the law by denying the motion insofar as it sought to preclude certain defendants from offering evidence or arguing at the time of trial that the nonparty providers affiliated with Upstate University Hospital caused or contributed to plaintiff's injuries and from listing the nonparty providers on the verdict sheet and as modified the order is affirmed without costs.

Same memorandum as in Harris v Rome Mem. Hosp. ([appeal No. 1] — AD3d — [Aug. 11, 2023] [4th Dept 2023]).

Entered: August 11, 2023

Ann Dillon Flynn

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network