Catanese v. Furman

Appeal from an order of the Supreme Court, Chautauqua County (Joseph Gerace, J.), entered September 3, 2003 in an action to recover damages for medical malpractice. The order, inter alia, denied the motion of plaintiffs and their cross motion in limine to preclude defendants Donald J. Fur-man, M.D. and Women’s Christian Association Healthcare *865System from offering evidence pertaining to a claim of negligence by defendant Alberto C. Gutierrez, M.D.

It is hereby ordered that the order so appealed from be and the same hereby is modified on the law by granting plaintiffs’ cross motion in part and…