Hicks v. Fraser Clinic

Order of the Supreme Court, Bronx County (Hansel McGee, J.), entered September 25, 1989, which granted fourth-party defendant Our Lady of Mercy Medical Center’s motion for reargument and/or renewal, and upon reargument adhered to its original determination denying summary judgment, is modified, on the law, to grant fourth-party defendant’s motion for summary judgment, and otherwise affirmed, without costs or disbursements.

Appeal from the order of March 3, 1989, of the same court and Justice, denying fourth-party defendant’s motion for summary judgment is dismissed as superceded, without costs.