Opinion
CA 01-01957
November 15, 2002.
Appeal from a judgment of Supreme Court, Erie County (Mintz, J.), entered November 16, 2000, which dismissed the complaint against defendant Christopher T. Olivia, M.D., upon a verdict of no cause of action.
NAPIER, FITZGERALD KIRBY, BUFFALO (KENNETH R. KIRBY OF COUNSEL), FOR PLAINTIFF-APPELLANT.
DAMON MOREY LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER, AND KEHOE, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Same Memorandum as in Mascia v. Olivia ([appeal No. 1] 299 A.D.2d 883 [Nov. 15, 2002]).