Civil Procedure · MBE-tested

Keith May, Respondent, v. Buffalo MRI Partners, L.P., et al., Defendants, and Hari Gopal, M.D., Appellant

151 A.D.3d 165753 N.Y.S.3d 865·New York Supreme Court, Appellate Division·2017·NY

Present — Whalen, P.J., Smith, Centra, Peradotto and Scudder, JJ.

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Opinion

Keith May, Respondent, v Buffalo MRI Partners, L.P., et al., Defendants, and Hari Gopal, M.D., Appellant. (Appeal No. 1.) [53 NYS3d 865] [MAJORITY] Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered January 22, 2016. The order, inter alia, converted the motion of defendant Hari Gopal, M.D., to dismiss the amended complaint against him to a motion for summary judgment. It is hereby ordered that said appeal is unanimously dismissed without costs. Same memorandum as in May v Buffalo MRI Partners, L.P. ([appeal No. 2] 151 AD3d 1657 [2017]). Present — Whalen, P.J., Smith, Centra, Peradotto and Scudder, JJ.