PLAINTIFF RESPONDENT v. APPEAL NO (2018)

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

JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED , PLAINTIFF–RESPONDENT, v. WENDE LOGAN–YOUNG, M.D., DOING BUSINESS AS ELIZABETH WENDE BREAST CLINIC, WENDE LOGAN–YOUNG, M.D., PHILIP MURPHY, M.D., DEFENDANTS–APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 3.)

CA 15–00495

Decided: June 08, 2018

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, AND TROUTMAN, JJ.

UNDERBERG & KESSLER LLP, ROCHESTER (MARGARET E. SOMERSET OF COUNSEL), FOR DEFENDANTS–APPELLANTS. PAUL WILLIAM BELTZ, P.C., BUFFALO (ANNE B. RIMMLER OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by vacating that part of the first ordering paragraph striking the answer of defendant “Elizabeth Wende Breast Clinic, LLC” and as modified the order is affirmed without costs.

Same memorandum as in Woloszuk v Wende Logan–Young, M.D., doing business as Elizabeth Wende Breast Clinic ( [appeal No. 1]—AD3d—[June 8, 2018] [4th Dept 2018] ).

Mark W. Bennett

Clerk of the Court

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