Pezzella v. Catholic Medical Center of Brooklyn & Queens, Inc.

In an action to recover damages for medical malpractice, etc., the third-party defendant appeals from an order of the Supreme Court, Kings County, dated October 30, 1975, which denied its motion to dismiss the third-party complaint. Order reversed, on the law, with $50 costs and disbursements, and motion granted. No fact findings were presented for review. The plaintiff husband, while working for the third-party defendant, was injured as a result of the latter’s alleged negligence. Thereafter, he was treated in the emergency room of the defendant third-party plaintiff St. John’s Hospital,…