Mathieu v. Scalea

—In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Patterson, J.), dated November 8, 1999, as granted those branches of the separate motions of the defendants Thomas Michael Scalea and S. Demetis which were pursuant to CPLR 3211 (a) (5) to dismiss the cause of action to recover damages for wrongful death insofar as asserted against them and to limit the action to a determination of their respective liabilities for the decedent’s pain and suffering caused by…