Socoloff v. New York Eye & Ear Infirmary

—In an action to recover damages for medical malpractice and wrongful death, the defendant New York Eye and Ear Infirmary appeals from an order of the Supreme Court, Kings County (Bellard, J.), dated November 22, 1989, which denied its motion to dismiss the complaint insofar as asserted against it.

Ordered that the order is reversed, on the facts, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the defendant New York Eye and Ear Infirmary.

The Supreme Court improvidently exercised its discretion in denying the appellant’s motion to dismiss the…