Glickman v. Sami

In an action to recover damages based for medical malpractice, the third-party defendant fourth-party plaintiff appeals from an order of the Supreme Court, Queens County (Santucci, J.), dated October 1,1987, which granted the motion of the fourth-party defendant to dismiss the fourth-party complaint pursuant to CPLR 3211 (a) (7). By decision and order of this court dated January 23, 1989, the matter was remitted to the Supreme Court, Queens County, for clarification as to whether the order appealed from had been granted without opposition, and the appeal was held in abeyance in the interim…