Dugan v. Seymour

In a medical malpractice action, the defendants Seymour and Bloom and the defendant Southside Hospital separately appeal from an order of the Supreme Court, Suffolk County (McCarthy, J.), dated February 19, 1985, which denied their respective motions for summary judgment.

Order affirmed, without costs or disbursements.

On appeal, the defendants present this matter as a simple one. They contend that the plaintiff’s failure to comply with a conditional order of preclusion resulted in his being absolutely precluded from establishing a prima facie case, thus warranting summary judgment in their…