Fassnacht v. Hartman

— In a medical malpractice action, defendant appeals from an order of the Supreme Court, Queens County, dated April 27, 1978, which denied his motion to either dismiss or correct the complaint, and granted plaintiff’s cross motion requiring him to appear for an examination before trial. Order reversed, on the law, with $50 costs and disbursements, the cross motion is denied and the branch of the motion which sought to dismiss the complaint is granted. Plaintiff is granted leave to replead, if she be so advised, within 20 days after service upon her of a copy of the order to be entered herein,…