Cucuzzo v. Huntington Hospital

In a medical malpractice action, plaintiffs appeal from an order of the Supreme Court, Nassau County, dated November 1, 1978, which (1) granted defendants’ motions for summary judgment based upon plaintiffs’ failure to comply with a prior order of preclusion and (2) denied plaintiffs’ cross motion to vacate the order of preclusion. Order reversed, without costs or disbursements, defendants’ motions denied and plaintiffs’ cross motion granted, on condition that plaintiffs’ attorney personally pay the sum of $250 to the five individually named defendants on a pro rata basis within 20 days after…