Murphy v. Carleton Avenue Family Dental

—In an action to recover damages for dental malpractice, etc., the defendant J. Montelione appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Seidell, J.), dated March 16, 1998, as denied his cross motion for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant and the action against the remaining defendants is severed.

On November 29, 1993, the…