Marcus v. Rahn

In a medical malpractice action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (McCarty, J.), dated September 29, 1994, as, upon reargument, adhered to its prior determination dated April 26, 1994, granting the branch of the defendant’s motion which was for summary judgment dismissing the first cause of action and the defendant cross-appeals from so much of the same order as denied its cross motion for summary judgment dismissing the second cause of action.

Ordered that the order is affirmed, without costs or…