Mitchell v. Grace Plaza of Great Neck, Inc.

In an action, inter alia, to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Nassau County (Diamond, J.), entered January 14, 2010, which granted the motion of the defendant North Shore Long Island Jewish Health System, Inc., in which the defendant Grace Plaza of Great Neck, Inc., joined, pursuant to CPLR 3126 to dismiss the complaint.

Ordered that the order is reversed, on the facts and in the *1109exercise of discretion, with one bill of costs to the plaintiff, and the motion pursuant to CPLR 3126 to dismiss the complaint is…