LaRose v. Cricchio

• Decision Date: 02 December 2015
• Citation: 20 N.Y.S.3d 169,134 A.D.3d 680
• Parties: Raymond LaROSE, etc., et al., respondents, v. Frank P. CRICCHIO, etc., et al., defendants, Warren E. Marvin, etc., appellant.
• Court: New York Supreme Court — Appellate Division

134 A.D.3d 680
20 N.Y.S.3d 169

Raymond LaROSE, etc., et al., respondents,
v.
Frank P. CRICCHIO, etc., et al., defendants,

Warren E. Marvin, etc., appellant.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 2, 2015.

20 N.Y.S.3d 169

Lori D. Fishman, Tarrytown, N.Y. (Christopher C. Caiazzo of counsel), for appellant.

Mark R. Bower, P.C., New York, N.Y. (Joseph M. Lichtenstein of counsel), for respondents.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, SHERI S. ROMAN, and BETSY BARROS, JJ.

134 A.D.3d 680

In an action to recover damages for medical malpractice, etc., the defendant Warren E. Marvin appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Berliner, J.), dated October 31, 2013, as granted that branch of the plaintiffs' motion which was for leave to serve an amended complaint and supplemental summons adding Warren E. Marvin, D.D.S., P.C., as a party defendant, and denied his cross motion for summary judgment dismissing the complaint insofar as asserted against him.

ORDERED that the appeal from so much of the order as granted the plaintiffs'

20 N.Y.S.3d 170

motion for leave to serve an amended complaint and supplemental summons adding Warren E. Marvin, D.D.S., P.C., as a party defendant is dismissed, as the appellant is not aggrieved by that portion of the order appealed from; and it is further,

ORDERED that the order is affirmed insofar as reviewed; and it is further,

ORDERED that one bill of costs is awarded to the plaintiffs payable by Warren E. Marvin.

The plaintiffs' decedent died on April 18, 2010, of cardiopulmonary arrest due to, or as a consequence of, tonsillar cancer. The plaintiffs commenced this action to recover damages for medical malpractice against, among others, the appellant, Warren E. Marvin. The plaintiffs later moved for leave to amend the complaint to add Warren E....