Mastrogiannis v. New York City Health & Hospitals Corp.

—Judgment, Supreme Court, Bronx County (David Levy, J.), entered November 9, 1992, in favor of defendant and against plaintiff dismissing the complaint, and bringing up for review an order, same court and Justice, entered on or about October 1, 1992, which granted defendant’s motion to set aside the verdict in plaintiff’s favor and direct judgment in defendant’s favor, unanimously affirmed, without costs. The appeal from the aforesaid order is unanimously dismissed as superseded by the appeal from the aforesaid judgment, without costs.

Plaintiff underwent surgery to remove a portion of the…