Kanovsky v. Montefiore Medical Center

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruditsky, J.), dated October 6, 2005, which denied his motion, inter alia, to vacate a prior order of the same court (Garson, J.), dated April 20, 2005, granting the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

There is no merit to the plaintiffs contention that the order dated April 20, 2005, should be vacated because the defendants’ motion for summary judgment was an improper, second motion for…