Myoung Goo Lee v. Moley

In a medical malpractice action, plaintiffs appeal from an order of the Supreme Court, Kings County (Pino, J.), dated April 5, 1982, which granted defendant Malcolm Moley’s motion for summary judgment based upon their failure to comply with a conditional order of preclusion, dismissed the complaint as against Moley, and severed the action as to codefendant St. Luke’s Hospital. Order affirmed, with costs. Plaintiffs commenced this action to recover damages for medical malpractice, etc., in 1970, alleging, inter alia, an injury occurring when plaintiff Myoung Goo Lee was under the care of the…