Denehy v. St. John's Queens Hospital

—In an action to recover damages for wrongful death based upon medical malpractice and lack of informed consent, defendant St. John’s Queens Hospital appeals from so much of an order of the Supreme Court, Queens County (Kunzeman, J.), dated October 15, 1984, as denied its motion to dismiss the complaint on the grounds, inter alia, of Statute of Limitations and res judicata.

Order affirmed, insofar as appealed from, with costs.

After having executed a stipulation of discontinuance of his appeal from a United States District Court Judge’s dismissal *992of the action on the basis of lack of diversity…