DAVIS, CHARLES L. v. FIRMAN, M.D., RUSSELL

— Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered January 12, 2010 in a medical malpractice action. The order granted the motions of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Smith, J.P., Sconiers, Green and Gorski, JJ.