Rush v. Mid Island Hospital

In a medical malpractice action, the defendant Mid Island Hospital appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Lerner, J.), dated April 4, 1985, as, upon renewal, granted the plaintiff’s motion to vacate a conditional order of preclusion of the same court, dated August 19, 1983, and denied its motion for summary judgment dismissing the complaint as against it for failure to comply with the August 19, 1983, order.

Ordered that the order is reversed insofar as appealed from, with costs, and upon renewal, the plaintiff’s motion to vacate the…