*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 306

CA 16-01219

PRESENT: WHALEN, P.J., SMITH, CENTRA, CURRAN, AND SCUDDER, JJ. CLAIRE MCCORMACK, INDIVIDUALLY, AND AS EXECUTOR

OF THE ESTATE OF JOSEPH W. LAMANNA, DECEASED, PLAINTIFF-RESPONDENT,

V ORDER UNIVERSITY OF ROCHESTER, DEFENDANT-APPELLANT,

WESTFALL CARDIOLOGY, LLP, AND ADEL B. SOLIMAN, M.D., DEFENDANTS.

(APPEAL NO. 2.)

OSBORN, REED & BURKE, LLP, ROCHESTER (KATHLEEN B. BENESH OF COUNSEL), FOR DEFENDANT-APPELLANT UNIVERSITY OF ROCHESTER.

DOMINIC PELLEGRINO, ROCHESTER, FOR PLAINTIFF-RESPONDENT.

BROWN GRUTTADARO GAUJEN & PRATO, LLC, ROCHESTER (WILLIAM KALISH OF COUNSEL), FOR DEFENDANTS WESTFALL CARDIOLOGY, LLP AND ADEL B. SOLIMAN, M.D.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), rendered October 27, 2015. The order denied the motion of defendant University of Rochester for summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: March 24, 2017 Frances E. Cafarell

Clerk of the Court