Legal Opinion

Kirby v. Kenmore Mercy Hospital

Appellate Division of the Supreme Court of the State of New York

Decided November 14, 2014Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered October 28, 2013. The order, insofar as appealed from, denied in part the motion of defendants Farida Barodawala, M.D. and Anesthesia Consultant Associates for a protective order.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the motion is granted in its entirety.

Memorandum: Plaintiff, individually and as executrix of the estate of Richard C. Kirby (decedent), commenced this personal injury and wrongful death action seeking damages based…

2Cases cited3 opinions

  1. In re BeinyAppellate Division of the Supreme Court of the State of New York · 1987
  2. Allen v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Hunold v. Community General Hospital of Greater SyracuseAppellate Division of the Supreme Court of the State of New York · 2009

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