Montano v. Spagnuolo

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered August 25, 2009, which granted the motion of the defendant Stuart Styles, in effect, pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint insofar as asserted against that defendant. Justice Dickerson has been substituted for the- late Justice *907Fisher. Presiding Justice Prudenti has been substituted for former Justice Santucci (see 22 NYCRR 670.1 [c]).

Ordered that the order is reversed, on the law, with…