Harper v. Jamaica Hospital

In an action to recover damages for medical malpractice, the defendant Abraham Appleton appeals from an order of the Supreme Court, Queens County (Berke, J.), dated June 7, 1996, which denied his motion pursuant to CPLR 3217 (b) to discontinue the action insofar as asserted against him without prejudice to renewal following the completion of discovery.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Queens County, for the purpose of establishing an expeditious discovery schedule.

*389The determination of a motion pursuant to CPLR 3217 (b) for a…