Mascia v. Olivia

Appeal from a judgment of Supreme Court, Erie County (Mintz, J.), entered November 16, 2000, which dismissed the complaint against defendant Christopher T. Olivia, M.D., upon a verdict of no cause of action.

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

Same memorandum as in Mascia v Olivia ([appeal No. 1] 299 AD2d 883). Present — Pigott, Jr., P.J., Pine, Wisner, Scudder and Kehoe, JJ.