DONALD SHARKEY PLAINTIFF APPELLANT RESPONDENT v. APPEAL NO (2011)

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

DONALD J. SHARKEY, PLAINTIFF–APPELLANT -RESPONDENT, v. JOSEPH LIN–YUN CHOW, M.D., CELESTINE J. SZULEWSKI, P.A., SPRINGVILLE PEDIATRICS AND ADULT CARE, DEFENDANTS–RESPONDENTS, AND RONALD G. BASALYGA, M.D., DEFENDANT–RESPONDENT -APPELLANT. (APPEAL NO. 4.)

CA 10–01868

Decided: May 06, 2011

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

LAW OFFICES OF LINDA J. MARSH AND ARTHUR J. ZILLER, BUFFALO (ARTHUR ZILLER OF COUNSEL), FOR PLAINTIFF–APPELLANT–RESPONDENT. CARTER, CONBOY, CASE, BLACKMORE, MALONEY & LAIRD, P.C., ALBANY (ADAM H. COOPER OF COUNSEL), FOR DEFENDANTS–RESPONDENTS. DAMON MOREY LLP, BUFFALO, MEISELMAN, DENLEA, PACKMAN, CARTON & EBERZ, P.C., WHITE PLAINS (MYRA I. PACKMAN OF COUNSEL), FOR DEFENDANT–RESPONDENT–APPELLANT.

MEMORANDUM AND ORDER

Appeal and cross appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered September 2, 2010 in a medical malpractice action. The order, inter alia, granted plaintiff's motion for leave to renew and, upon renewal, adhered to the court's prior determination denying the motion of plaintiff to strike defendants' joint answer.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same Memorandum as in Sharkey v. Chow ( [appeal No. 2] _ AD3d _ [May 6, 2011] ).

Patricia L. Morgan

Clerk of the Court

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