St. Pierre v. Ostreich

In a medical malpractice action, the defendants Ostreich, Wain, Talebian and Wortman appeal (1) as limited by their brief, from so much of an order of the Supreme Court, Kings County (Pizzuto, J.), dated December 19, 1984, as discontinued the infant plaintiff’s action without prejudice. The appeal brings up for review so much of an order of the same court, dated September 5, 1986, as, upon reargument, adhered to its original determination that the discontinuance of the infant plaintiff’s action should be without prejudice.

Ordered that the appeal from the order dated December 19, 1984 is…