LEW WRIGHT AS EXECUTOR OF THE ESTATE OF SANDRA RAMSEY DECEASED AND JAMES RAMSEY AS EXECUTOR OF THE ESTATE OF ERNEST RAMSEY DECEASED PLAINTIFFS APPELLANTS v. JANET REISMAN JONES MEMORIAL HOSPITAL AND THE MEMORIAL HOSPITAL OF WILLIAM AND GERTRUDE JONES INC DOING BUSINESS AS JONES MEMORIAL HOSPITAL DEFENDANTS RESPONDENTS APPEAL NO (2025)

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

LEW WRIGHT, AS EXECUTOR OF THE ESTATE OF SANDRA RAMSEY, DECEASED, AND JAMES A. RAMSEY, AS EXECUTOR OF THE ESTATE OF ERNEST H. RAMSEY, DECEASED, PLAINTIFFS-APPELLANTS, v. VICKY K. STEPHENS, P.A., DELPHI HEALTHCARE, PLLC, DEFENDANTS, JANET K. REISMAN, R.N., JONES MEMORIAL HOSPITAL, AND THE MEMORIAL HOSPITAL OF WILLIAM F. AND GERTRUDE F. JONES, INC., DOING BUSINESS AS JONES MEMORIAL HOSPITAL, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

194 Decided: June 06, 2025

PRESENT: LINDLEY, J.P., BANNISTER, GREENWOOD, NOWAK, AND KEANE, JJ.

BLACK, LYLE & HABBERFIELD, LLP, OLEAN (KEVIN M. HABBERFIELD OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. THE TARANTINO LAW FIRM, LLP, BUFFALO (MARYLOU K. ROSHIA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS JANET K. REISMAN, R.N., JONES MEMORIAL HOSPITAL, AND THE MEMORIAL HOSPITAL OF WILLIAM F. AND GERTRUDE F. JONES, INC., DOING BUSINESS AS JONES MEMORIAL HOSPITAL. HIRSCH & TUBIOLO, P.C., PITTSFORD (BRYAN S. KORNFIELD OF COUNSEL), FOR DEFENDANTS VICKY K. STEPHENS, P.A. AND DELPHI HEALTHCARE, PLLC.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal insofar as taken by plaintiff Lew Wright, as executor of the estate of Sandra Ramsey, deceased, is dismissed, and the judgment insofar as appealed from is reversed on the law without costs, the amended complaint as asserted by plaintiff James A. Ramsey, as executor of the estate of Ernest H. Ramsey, deceased, is reinstated against defendants Janet K. Reisman, R.N., Jones Memorial Hospital, and the Memorial Hospital of William F. and Gertrude F. Jones, Inc., doing business as Jones Memorial Hospital, and a new trial is granted.

Same memorandum as in Wright v Stephens ([appeal No. 1] — AD3d — [June 6, 2025] [4th Dept 2025]).

Entered: June 6, 2025

Ann Dillon Flynn

Clerk of the Court

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