ANN MARIE CARROLL, ETC., res, v. JAY MOTOLA, ETC. res-ap, DANIEL LEHMAN, ETC., APPELLANT-res, ET AL., def

ANN MARIE CARROLL, ETC., res, v. JAY MOTOLA, ETC. res-ap, DANIEL LEHMAN, ETC., APPELLANT-res, ET AL., def — (INDEX NO. 17708/08)In a consolidated action, inter alia, to recover damages for medical malpractice, the defendant Daniel Lehman appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Loehr, J.), entered January 30, 2012, as denied his motion for leave to amend his answer to assert the statute of limitations as a defense to the cause of action alleging wrongful death, and the defendants Jay Motola and Jay A. Motola, M.D., P.C., cross-appeal, as limited by their brief, from stated portions of the same order. By dated July 10, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the cross appeal of Jay Motola and Jay A. Motola, M.D., P.C., on the ground that they are not aggrieved by the order entered January 30, 2012. By decision and of this Court dated August 30, 2012, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

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ANN MARIE CARROLL, ETC., res, v. JAY MOTOLA, ETC. res-ap, DANIEL LEHMAN, ETC., APPELLANT-res, ET AL., def — (INDEX NO. 17708/08)In a consolidated action, inter alia, to recover damages for medical malpractice, the defendant Daniel Lehman appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Loehr, J.), entered January 30, 2012, as denied his motion for leave to amend his answer to assert the statute of limitations as a defense to the cause of action alleging wrongful death, and the defendants Jay Motola and Jay A. Motola, M.D., P.C., cross-appeal, as limited by their brief, from stated portions of the same order. By dated July 10, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the cross appeal of Jay Motola and Jay A. Motola, M.D., P.C., on the ground that they are not aggrieved by the order entered January 30, 2012. By decision and of this Court dated August 30, 2012, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

Upon the and the papers filed in response thereto, and upon the argument of the appeal, it is

ANN MARIE CARROLL, ETC., res, v. JAY MOTOLA, ETC. res-ap, DANIEL LEHMAN, ETC., APPELLANT-res, ET AL., def

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