Pigno v.Bunim

Motion by defendant Schmierer for summary reversal of an order of the Supreme Court, Kings County, dated October 4, 1977, on the ground that in the case of De Felice v English (63 AD2d 976) this court disapproved of the holding by Special Term resulting in the order now on appeal. In De Felice, supra, this court stated: "We disapprove the holding in Pigno v Bunim (NYLJ, Sept. 8, 1977, p 12, col 2) insofar as it is contrary to the reasoning of Special Term herein.” In the De Felice case, the third-party defendant St. John’s Episcopal Hospital moved for summary judgment dismissing the…