Roosa v. Stanley Frankel

In an action, inter alia, to recover damages for *570dental malpractice, the plaintiff appeals from an interlocutory judgment of the Supreme Court, Westchester County (Donovan, J.), entered March 8, 1989, which, upon an order of the same court entered February 23, 1989, granting that branch of the defendants’ motion which was to dismiss the second cause of action asserted in the complaint, dismissed that cause of action. The plaintiff’s notice of appeal from the order entered February 23, 1989, is deemed a premature notice of appeal from the interlocutory judgment (see, CPLR 5520 [c]).

Ordered…