Maggio v. Doughtery

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered April 10, 2013. The order, among other things, granted the motions and cross motion of defendants to preclude plaintiff from offering any expert evidence at trial and to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motions and cross motion in part, and reinstating the complaint, and as modified the order is affirmed without costs.

Memorandum: In this action for medical malpractice, plaintiff alleges that defendants failed…