PLAINTIFF APPELLANT v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department.

MAURA CLUNE, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JAMES CAMPBELL, DECEASED , PLAINTIFF–APPELLANT, v. MICHAEL C. MOORE, M.D., DEFENDANT–RESPONDENT, MERCY HOSPITAL OF BUFFALO, ET AL., DEFENDANTS. (APPEAL NO. 2.)

CA 15–01163

Decided: September 30, 2016

PRESENT:  WHALEN, P.J., CARNI, LINDLEY, DEJOSEPH, AND NEMOYER, JJ. HOGAN WILLIG, PLLC, AMHERST (LINDA LALLI STARK OF COUNSEL), FOR PLAINTIFF–APPELLANT. GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANT–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the complaint is reinstated and a new trial is granted.

Same memorandum as in Clune v. Moore ( [appeal No. 1] _ AD3d _ [Sept. 30, 2016] ).

Frances E. Cafarell

Clerk of the Court