Cahill v. County of Westchester

In an action to recover damages, inter alia, for medical malpractice, the defendants appeal from so much of an order of the Supreme Court, Westchester County (Silverman, J.), entered April 7, 1995, as, upon granting their motion for summary judgment dismissing the complaint, did so without prejudice to the plaintiffs’ recommencement of the action upon proof that the infant plaintiff suffered compensable injuries.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the dismissal of the action is with prejudice.

The evidence submitted by the defendants in…