LORENZO, DAWN M. v. KAHN, M.D., KENNETH R. ( 2012 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 920 CA 11-02169 PRESENT: SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND MARTOCHE, JJ. DAWN M. LORENZO AND FRANK D. LORENZO, AS PARENTS AND NATURAL GUARDIANS OF HUNTER LORENZO, PLAINTIFFS-RESPONDENTS, V MEMORANDUM AND ORDER KENNETH R. KAHN, M.D., ET AL., DEFENDANTS, LIANG BARTKOWIAK, M.D. AND KALEIDA HEALTH, DOING BUSINESS AS CHILDREN’S HOSPITAL OF BUFFALO, ALSO KNOWN AS WOMAN’S AND CHILDREN’S HOSPITAL OF BUFFALO, ALSO KNOWN AS KALEIDA HEALTH, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (MARK SPITLER OF COUNSEL), FOR DEFENDANTS-APPELLANTS. ROLAND M. CERCONE, PLLC, BUFFALO (ROLAND M. CERCONE OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS. Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered October 21, 2011 in a medical malpractice action. The order, inter alia, denied the cross motion of defendants Liang Bartkowiak, M.D. and Kaleida Health, doing business as Children’s Hospital of Buffalo, also known as Woman’s and Children’s Hospital of Buffalo, also known as Kaleida Health, Inc. to the extent that it sought to strike plaintiffs’ additional supplement to the bill of particulars. It is hereby ORDERED that the order insofar as appealed from is reversed on the law without costs and the cross motion is granted in its entirety. Same Memorandum as in Lorenzo v Kahn ([appeal No. 1] ___ AD3d ___ [Nov. 16, 2012]). Entered: November 16, 2012 Frances E. Cafarell Clerk of the Court