Schiavone v. Victory Memorial Hospital

In an action to recover damages for medical malpractice, etc., the defendant Gabriel Amalanathan, s/h/a Amalanathan Gabriel, appeals from an order of the Supreme Court, Kings County (Levine, J.), dated March 1, 2000, which denied his motion to dismiss the complaint insofar as asserted against him.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

*465The appellant made out a prima facie case establishing, as a matter of law, that he did…