Martinelli v. Hessekiel

In a medical malpractice action to recover damages for personal injuries, etc., the defendant Wyckoff Heights Hospital appeals from an order of the Supreme Court, Kings County (Jones, J.), dated December 2, 1985, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it on the ground that the plaintiffs failed to comply with a final order of preclusion.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the plaintiffs’ action against the…