Strange v. Montefiore Hospital & Medical Center

— Order, Supreme Court, Bronx County (Silbowitz, J.), entered May 20, 1982, denying defendant’s motion to dismiss the complaint, unanimously reversed, on the law, without costs or disbursements, and the motion granted. An earlier medical malpractice action was dismissed on a grant of summary judgment based on a preclusion order which had been granted because of plaintiff’s failure to serve a bill of particulars. The order of dismissal did not state that it was “on the merits.” No appeal was taken from that determination. Instead, five months later, plaintiff commenced a second malpractice…