Ahearn v. Arvan

In an action to recover damages for medical malpractice, etc., the defendant Peter J. Periconi appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated February 5, 2003, which denied his motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint.

*470Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

It is well established that claims of medical malpractice and claims for services by health care providers are…