Nadal v. Jaramillo

In an action, inter alia, to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated March 15, 2012, which granted the plaintiffs motion to restore the action to the trial calendar and denied her cross motion to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the defendant’s cross motion to dismiss the complaint is granted, and the plaintiff’s motion to restore the action to the trial calendar is denied as academic.

The plaintiff, after undergoing a CT scan, learned that she was…