Martinez v. Pilgrim

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated December *51310, 1992, which granted the defendant’s motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Ordered that the order is modified, on the law, by deleting therefrom the provision which granted that branch of the defendant’s motion which was to dismiss the plaintiffs second cause of action, and substituting therefore a provision denying that branch of the defendant’s motion; as so modified, the order is affirmed, with costs to the…