San Filippo v. Adler

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kangs County (Patterson, J.), dated February 1, 2000, which granted the motion of the defendant David Adler, and the separate motion of the defendants Jennifer Jacobson and Lutheran Medical Center, Inc., to dismiss the complaint insofar as asserted against them pursuant to CPLR 3211 (a) (5) on the ground that the action was barred by the doctrine of res judicata.

Ordered that the order is reversed, on the law, without costs or disbursements, the motions are denied, and the…