LIN, KAI v. STRONG HEALTH, DEPARTMENT OF DENTIS ( 2011 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 87.1 CA 09-02432 PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ. KAI LIN, PLAINTIFF-APPELLANT, V MEMORANDUM AND ORDER STRONG HEALTH, DEPARTMENT OF DENTISTRY, UNIVERSITY OF ROCHESTER MEDICAL SCHOOL, UNIVERSITY DENTAL FACULTY GROUP AND DR. CARLO ERCOLI, DEFENDANTS-RESPONDENTS. (AND ANOTHER ACTION.) (APPEAL NO. 2.) KAI LIN, PLAINTIFF-APPELLANT PRO SE. OSBORN, REED & BURKE, LLP, ROCHESTER (CHRISTIAN C. CASINI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered August 12, 2009 in a dental malpractice action. The order granted defendants’ cross motions for summary judgment dismissing the amended complaint in action No. 1 and the complaint in action No. 2 and denied the motion of plaintiff to compel discovery. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Same Memorandum as in Lin v Strong Health ([appeal No. 1] ___ AD3d ___ [Mar. 25, 2011]). Entered: March 25, 2011 Patricia L. Morgan Clerk of the Court