Siegel v. Greenberg

Birns, J. P., and Fein, J., dissent in a memorandum by Fein, J., as follows:

The order of Justice Schwartz should be affirmed in all respects, as one being made in the proper exercise of discretion. On September 22, 1978, plaintiffs instituted a malpractice action against Drs. Turetsky and Datlof in Queens County. It was alleged, in substance, that defendants’ malpractice consisted of the treatment of plaintiff wife’s obesity from January through July of 1976, that as a result she had become hopelessly addicted to amphetamines and *518suffered physical disability including liver ailments. Venue…