Cruz v. Edwards

—In an action to re*342cover damages for medical malpractice, etc., the defendants appeal from an order of the Supreme Court, Queens County (LeVine, J.), entered July 23, 1998, which denied their motion to dismiss the complaint and granted the plaintiffs’ cross motion to restore the action to the trial calendar.

Ordered that the order is modified, as a matter of discretion, by adding a provision thereto conditioning the granting of the plaintiffs’ cross motion upon payment of $2,500 by the plaintiffs’ attorneys of record, Rubin & Licatesi, P. C., to the attorneys for the defendants, Costello, Shea…