Ortiz v. Batash

In an action to recover damages for medical malpractice, the defendant Leo Batash appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated July 19, 2004, as denied his motion for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the motion of the defendant Leo Batash for summary judgment dismissing the complaint insofar as asserted against him on the ground that there was no evidence that Batash had complied…