Sellitto v. Women's Health Care Specialists
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice, etc., the defendants Women’s Health Care Specialists, David M. Herzog, Michael A. Schirripa, Francis X. Martingano, and Christopher La Porta appeal from an order of the Supreme Court, Kings County (Rothenberg, J.), dated February 4, 2008, which granted the plaintiffs’ motion, inter alia, to restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
By order dated February 22, 2005, the Supreme Court, sua sponte, vacated the note of issue pursuant to 22 NYCRR 202.21 (e) and struck the action from the trial…
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