Damen v. North Shore University Hospital

—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated December 8, 1997, as granted that branch of the motion of the defendants Bruce Javors, Suzanne Roland, and Sandra Shaw, and the now-deceased defendant, Roger A. Hyman, which was for summary judgment dismissing the complaint insofar as asserted against Roger A. Hyman.

Ordered that the order is affirmed insofar as appealed from, with costs.

The now-deceased defendant, Dr. Roger A. Hyman, established his entitlement to judgment as a…