Fishbein v. Booth Memorial Hospital

Appellate Division of the Supreme Court of New York

Fishbein v. Booth Memorial Hospital

249 A.D.2d 440, 671 N.Y.S.2d 321, 1998 N.Y. App. Div. LEXIS 4309

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 20, 1998

StatusPublished

This text of 249 A.D.2d 440 (Fishbein v. Booth Memorial Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fishbein v. Booth Memorial Hospital, 249 A.D.2d 440, 671 N.Y.S.2d 321, 1998 N.Y. App. Div. LEXIS 4309 (N.Y. Ct. App. 1998).

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Opinion

—In an action to re[441]*441cover damages for medical malpractice, the defendants separately appeal from an order of the Supreme Court, Queens County (Golia, J.), dated March 27, 1997, which, inter alia, denied their respective cross motions to dismiss the complaint pursuant to CPLR 3404.

Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in denying the defendants’ respective cross motions to dismiss the complaint and in permitting the plaintiff to restore the case to the trial calendar (see, Michael I. Wintraub, P. C. v Computer Rad, 209 AD2d 405; Fiorello v South Shore Dental Assocs., 203 AD2d 323).

The defendants’ remaining contentions are without merit. Pizzuto, J. P., Joy, Friedmann and Florio, JJ., concur.

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—In an action to re[441]*441cover damages for medical malpractice, the defendants separately appeal from an order of the Supreme Court, Queens County (Golia, J.), dated March 27, 1997, which, inter alia, denied their respective cross motions to dismiss the complaint pursuant to CPLR 3404.

Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in denying the defendants’ respective cross motions to dismiss the complaint and in permitting the plaintiff to restore the case to the trial calendar (see, Michael I. Wintraub, P. C. v Computer Rad, 209 AD2d 405; Fiorello v South Shore Dental Assocs., 203 AD2d 323).

The defendants’ remaining contentions are without merit. Pizzuto, J. P., Joy, Friedmann and Florio, JJ., concur.

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Bluebook (online)

249 A.D.2d 440, 671 N.Y.S.2d 321, 1998 N.Y. App. Div. LEXIS 4309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fishbein-v-booth-memorial-hospital-nyappdiv-1998.

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