Sabella v. Vaccarino

—In a consolidated action to recover damages, inter alia, for medical malpractice and the negligent manufacture of a medical device, the defendant Frank Vaccarino appeals, as limited by his brief, from (1) so much of an order of the Supreme Court, Kings County (Levine, J.), dated March 16, 1998, as granted that branch of the plaintiffs’ motion which was for leave to amend the complaint to add a cause of action based on fraud, and (2) so much of an order of the same court (Spodek, J.), dated April 22, 1998, as denied his cross motion to dismiss the amended complaint.

Ordered that the order…