Rodriguez v. Piccone

In an action to recover damages for medical malpractice, etc., *758the plaintiffs appeal from a judgment of the Supreme Court, Richmond County (Ponterio, J.), dated November 15, 2002, which, upon the granting of the defendants’ motion, in effect, pursuant to CPLR 4401, to dismiss the complaint for failure to establish a prima facie case, dismissed the complaint.

Ordered that the judgment is reversed, on the law, the motion is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Richmond County, for a new trial, with costs to abide the event.

At the commencement of…