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Marguerite James, Appellant, v. David Wormuth, M.D., et al., Respondents

New York Supreme Court, Appellate Division2012-03-23No. Appeal No. 1
93 A.D.3d 1290940 N.Y.S.2d 499

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Opinion

majority opinion

Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered January 11, 2011 in a medical malpractice action. The order granted the motion of defendants at the close of plaintiffs proof to dismiss the amended complaint.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1]). Present — Scudder, PJ., Smith, Fahey, Garni and Sconiers, JJ.