Kret v. Gergely

In a medical malpractice action, plaintiffs appeal from an order of the Supreme Court, Kings County, dated March 10, 1978, which granted the motion of defendant Brookdale Hospital Medical Center, inter alia, to amend the trial transcript so as to indicate that plaintiffs’ discontinuance against said defendant was *693"with prejudice”. Order reversed, without costs or disbursements, and motion denied. Before any testimony was adduced at the trial of this action, the plaintiffs made an application to discontinue the action against the defendant Brookdale Hospital Medical Center, and another…