Garcia v. Iserson

In a medical malpractice action to recover damages for personal injuries, the appeal is from an order of the Supreme Court, Kings County, entered January 3, 1973, which (1) denied a motion by defendant Iserson, pursuant to CPLR 3211, to dismiss the complaint for lack of jurisdiction of the subject matter of the action and (2) directed an immediate trial of the issue of whether plaintiff’s injuries were sustained in the course of his employment. Order reversed, on the law, with $20 costs and disbursements, and motion granted. The following facts are essentially undisputed: Plaintiff, an…