Mangieri v. Juskowitz

In a medical malpractice action, plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Marbach, J.), dated September 3, 1984, as granted defendant Juskowitz’s motion to reargue a prior order of said court dated June 20, 1984, and, upon reargument, vacated said order and denied the plaintiffs’ motion to strike the defendant Juskowitz’s answer on condition that his attorneys pay $500 to plaintiffs’ attorneys.

Order affirmed insofar as appealed from, with costs.

At issue is the medical condition of defendant Juskowitz (hereinafter…