BRENDA FRANK AS PARENT AND NATURAL GUARDIAN OF ALAINA FRANK AN INFANT PLAINTIFF APPELLANT RESPONDENT v. THE ROCHESTER GENERAL HOSPITAL DOING BUSINESS AS ROCHESTER GENERAL HOSPITAL DEFENDANT RESPONDENT APPELLANT ET AL DEFENDANTS (2012)

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

BRENDA FRANK, AS PARENT AND NATURAL GUARDIAN OF ALAINA FRANK, AN INFANT, PLAINTIFF–APPELLANT -RESPONDENT, v. THE ROCHESTER GENERAL HOSPITAL, DOING BUSINESS AS ROCHESTER GENERAL HOSPITAL, DEFENDANT–RESPONDENT -APPELLANT, ET AL., DEFENDANTS.

CA 12–00950

Decided: December 21, 2012

PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.

HOGAN WILLIG, AMHERST (JENNIFER L. FAY OF COUNSEL), FOR PLAINTIFF–APPELLANT–RESPONDENT. BROWN & TARANTINO, LLC, ROCHESTER (JEFFREY S. ALBANESE OF COUNSEL), FOR DEFENDANT–RESPONDENT–APPELLANT.

ORDER

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered September 9, 2011. The order denied the motion of plaintiff to strike the answer of defendant The Rochester General Hospital, doing business as Rochester General Hospital, and ordered that an adverse inference charge shall be given at trial.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs (see Coleman v. Putnam Hosp. Ctr., 74 AD3d 1009, lv dismissed 15 NY3d 857, 16 NY3d 884).

Frances E. Cafarell

Clerk of the Court

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