Goff v. Paul

Full title: H. DAVID GOFF, PLAINTIFF-APPELLANT, v. STEPHEN E. PAUL, M.D., DEFENDANT…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 14, 2004

8 A.D.3d 974 (N.Y. App. Div. 2004)

778 N.Y.S.2d 380

Opinion

CA 03-02382.

Decided June 14, 2004.

Appeal from a judgment of the Supreme Court, Steuben County (Joseph W. Latham, A.J.), entered January 6, 2003. The judgment was entered, upon a jury verdict, dismissing the complaint against defendant Guthrie Clinic, Ltd. in a medical malpractice action.

FARACI LANGE, LLP, ROCHESTER (JOSEPH A. REGAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

DAVIDSON O'MARA, P.C., ELMIRA (WEEDEN A. WETMORE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Before: PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, AND HAYES, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is affirmed without costs.

Same Memorandum as Goff v. Paul ([appeal No. 1] 8 A.D.3d 971 [June 14, 2004]).

All concur except Gorski, J., who dissents and votes to reverse in accordance with the same dissenting Memorandum as in Goff v. Paul ([appeal No. 1] 8 A.D.3d 971, 972 [June 14, 2004]).