Bogardus v. Maron

Appeals from an order of Supreme Court, Wyoming County (Griffith, J.), entered August 7, 2002, which denied defendants’ motions to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion of defendant Wyoming County Community Hospital and dismissing the complaint against it and as modified the order is affirmed without costs.

Memorandum: Supreme Court did not abuse its discretion in denying the motion of defendant Barry Marón, M.D. to dismiss the complaint against him pursuant to CPLR 3216.…