Summary
This uncorrected slip opinion from the New York Supreme Court, Appellate Division, Fourth Department, was issued on March 21, 2025. The court unanimously dismissed an appeal and cross-appeal challenging a lower court order that partially denied summary judgment for a physician while granting it for two corporate defendants operating a health and rehabilitation center. The underlying litigation involves claims arising from the treatment of a deceased patient at Greenfield Health & Rehabilitation Center.
Topics
Practice areas
Questions Presented
- Whether the Appellate Division should affirm the summary‑judgment rulings of the Supreme Court, Erie County.
Holdings
- The appeal and cross‑appeal are unanimously dismissed without costs, thereby affirming the lower court’s summary‑judgment orders.
Key quotations
“It is hereby ORDERED that said appeal and cross‑appeal are unanimously dismissed without costs.”
Factual background
The estate of Marie Sweeney sued Niagara Lutheran Development and Dr. Patrick Siaw. Both parties moved for summary judgment; the trial court denied Dr. Siaw's motion and granted the defendants' motion, prompting an appeal and cross‑appeal.
Procedural history
The Supreme Court, Erie County entered an amended order on March 1, 2024 denying summary judgment for Dr. Siaw and granting summary judgment for the defendants. The parties appealed and cross‑appealed to the Appellate Division, Fourth Department.