Cipollina v. Kent

Appeal from an order of the Supreme Court, Suffolk County, dated February 9, 1976, which, upon the cross motion of third-party defendant Russell in Action No. 1, which was joined in by third-party defendant St. Charles Hospital, dismissed the third-party complaint for failure to state a cause of action. Order modified, on the law and in the exercise of discretion in the interest of justice, by adding the words "without prejudice” to the end of the decretal paragraph thereof. As so modified order affirmed, without costs or disbursements. No fact findings were presented for review. In our…