Murdocca v. Victory Memorial Hospital

—In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Patterson, J.), dated August 18, 1998, which granted the motions of the defendants Victory Memorial Hospital, Ramon Cabanas, and Pritpal Kang to dismiss the complaint pursuant to CPLR 3216 insofar as asserted against them, and that branch of the separate motion of Dai S. Choe which was to dismiss the complaint pursuant to CPLR 3216 insofar as asserted against him.

Ordered that the order is reversed, on the law, with one bill of costs, and the motions of the…