Bennett v. Knipfing

—In an action to recover damages for wrongful death, etc., the second third-party defendant Peter J. Periconi appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated August 31, 1998, which denied his motion for summary judgment dismissing the second third-party complaint insofar as asserted against him.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant’s motion for summary judgment dismissing the second third-party complaint insofar as asserted against him. That complaint alleges that the appellant committed acts of medical…