Spicer v. Community Family Planning Council Health Center

—In an action to recover damages for wrongful death, the defendants Community Family Planning Council Health Center and Denise Sutherland appeal from so much of an order of the Supreme Court, Queens County (Thomas, J.), dated July 7, 1999, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The Supreme Court…