Schaefer v. Marchiano

In a medical malpractice action to recover damages for personal injuries, etc., the defendant Robert Marchiano appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Smith, J.), dated April 2, 1991, as denied his motion for summary judgment dismissing the complaint insofar as it is asserted against him.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendants is severed.

In this…