Maloney v. DeRoberts , 2021 NY Slip Op 07430 ( 2021 )

Maloney v DeRoberts (2021 NY Slip Op 07430)

Maloney v DeRoberts

2021 NY Slip Op 07430

Decided on December 23, 2021

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 23, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., NEMOYER, CURRAN, AND WINSLOW, JJ.

1045 CA 21-00431

[*1]ROBERT MALONEY AND MARILYN MALONEY, PLAINTIFFS-RESPONDENTS,

v

DEAN DEROBERTS, M.D., JENA MURPHY, FNP-C, AND DEROBERTS PLASTIC SURGERY, PLLC, NOW KNOWN AS SYRACUSE PLASTIC SURGERY, PLLC, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

ADDELMAN CROSS & BALDWIN, PC, BUFFALO (JESSE B. BALDWIN OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

ROBERT E. LAHM, PLLC, SYRACUSE (ROBERT E. LAHM OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Appeal from an order of the Supreme Court, Onondaga County (Gerard J. Neri, J.), entered February 9, 2021. The order denied the motion of defendants Dean DeRoberts, M.D., Jena Murphy, FNP-C, and DeRoberts Plastic Surgery, PLLC, now known as Syracuse Plastic Surgery, PLLC, to dismiss in part the amended complaint against them.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: December 23, 2021

Ann Dillon Flynn

Clerk of the Court