Legal Opinion

Fishbein v. Booth Memorial Hospital

Appellate Division of the Supreme Court of the State of New York

Decided April 20, 1998Published

1Opinion of the Court

—In an action to re*441cover damages for medical malpractice, the defendants separately appeal from an order of the Supreme Court, Queens County (Golia, J.), dated March 27, 1997, which, inter alia, denied their respective cross motions to dismiss the complaint pursuant to CPLR 3404.

Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in denying the defendants’ respective cross motions to dismiss the complaint and in…

2Cases cited2 opinions

  1. Michael I. Weintraub, P. C. v. Computer Rad, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Fiorello v. South Shore Dental Associates, P. C.Appellate Division of the Supreme Court of the State of New York · 1994

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