Wilson v. Rosen

In an action to recover damages for medical malpractice, etc., the defendant Neurological Associates of Stony Brook, P. C., appeals from so much of an order of the Supreme Court, Suffolk County (Copertino, J.), entered December 28, 1988, as denied its motion to dismiss the complaint insofar as it is asserted against it for want of prosecution.

Ordered that the appeal is dismissed, with costs.

The original plaintiff Karen Ann Wilson died prior to the issuance of the order denying the appellant’s motion to dismiss the complaint insofar as it is asserted against it for want of prosecution. There…