Dohler v. Fogarty

In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered August 27, 1987, which, upon an order granting the motion of the defendants Edward Fogarty and William Mooney pursuant to CPLR 4401 for judgment during trial dismissing the complaint as against them for failure to establish a prima facie case of negligence, made at the close of the plaintiff’s case, dismissed the complaint as against them.

Ordered that the judgment is affirmed, with costs.

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