Goff v. Paul — 8 A.D.3d 974

Majority

p. 974

H. David Goff, Appellant, v Stephen E. Paul, M.D., Defendant, and Guthrie Clinic, Ltd., Respondent.

(Appeal No. 2.)

[778 NYS2d 380]

Appeal from a judgment of the Supreme Court, Steuben County (Joseph W. Latham, A.J.), entered January 6, 2003. The judgment was entered, upon a jury verdict, dismissing the complaint against defendant Guthrie Clinic, Ltd. in a medical malpractice action.

It is hereby ordered that the judgment so appealed from be and the same hereby is affirmed without costs.

Same memorandum as Goff v Paul ( 8 AD3d 971 [2004]).

All concur except Gorski, J., who dissents and votes to reverse in accordance with the same dissenting memorandum as in Goff v Paul ( 8 AD3d 971 , 972 [2004]). Present—Hurlbutt, J.P., Scudder, Kehoe, Gorski and Hayes, JJ.

Cases cited

Goff v. Paul 8 AD3d 971 N.Y. App. Div. 2004-06-14 at 972 p. 974