Kelly v. St. Francis Hospital

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Nassau County (Lally, J.), dated December 13, 2010, which granted the motion of the defendant St. Francis Hospital, and the separate motion of the defendants Harold A. Fernandez, B. Tabakin, and S.H. Berkay, to dismiss the complaint pursuant to CPLR 1021 insofar as asserted against each of them, and (2) a judgment of the same court dated January 24, 2011, which, upon the order, is in favor of all of the defendants and against them, dismissing the complaint.

Ordered that…