Jajoute v. New York City Health & Hospitals Corp.

In an action to recover damages for medical malpractice, etc., the defendant appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated September 14, 1995, which, upon granting the plaintiffs’ motion for reargument, vacated a prior order of the same court dated July 11, 1995, which had granted the defendant’s motion to dismiss the complaint, and thereupon denied the motion.

Ordered that the order is reversed, on the law, the plaintiffs’ motion for reargument is denied, and the order dated July 11, 1995, is reinstated.

On December 23, 1992, the injured plaintiff, Louis Paul…