Hemberger v. Jamaica Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for medical malpractice, the plaintiffs appeal from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated May 28, 2002, which denied their motion to “restore” the action, and granted the defendants’ separate cross motions to dismiss the complaint insofar as asserted against them.
Ordered that the order is reversed, on the law, with costs, the plaintiffs’ motion is denied as unnecessary, the cross motions are denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent…
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