Appellate Division of the Supreme Court of the State of New York March 16, 2007 (Smith v. Pons)

Appeals from an order of the Supreme Court, Onondaga County (Edward D. Garni, J.), entered April 27, 2006. The order, inter alia, denied the motion of defendants Jonathan Marc Jacobs, M.D. and St. Joseph’s Imaging Associates, EL.L.C. and the cross motion of defendants Paula Pons, M.D. and Upstate Surgical Group, EC. to dismiss the complaint against them.