Lewis v. Jutkowitz

In an action, inter alia, to recover damages for medical malpractice and wrongful death, etc., the defendants William Gael, Staten Island University Hospital, Lori Mitnick Weinberg, sued herein as “John Doe” Mitnick, and Charles Carlstrom, sued herein as “Richard Roe” Carlstrom, appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Minardo, J.), dated June 21, 2011, as denied their cross motion pursuant to CPLR 3404 to dismiss the complaint insofar as asserted against them as abandoned.

Ordered that the order is reversed insofar as appealed from, on…