Legal Opinion

Roth v. South Nassau Communities Hospital

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 1997Published

1Opinion of the Court

In an action to recover damages for medical malpractice, etc., the defendant Alba Horning appeals from an order of the Supreme Court, Nassau County (Segal, J.), entered October 31, 1995, which denied her motion to dismiss the complaint insofar as asserted against her and granted the plaintiffs’ cross motion to resettle a judgment of *332the same court entered May 31, 1995, dismissing the complaint as against the appellant by deleting the words "with prejudice”.

Ordered that the order is reversed, on the law, with costs, the appellant’s motion is granted, the plaintiffs’ cross motion is denied, the…

2Cases cited3 opinions

  1. In re City of New YorkNew York Court of Appeals · 1974
  2. Harbas v. GilmoreAppellate Division of the Supreme Court of the State of New York · 1995
  3. Dependable Printed Circuit Corp. v. Mnemotron Corp.Appellate Division of the Supreme Court of the State of New York · 1964

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