Gagliardo v. Jamaica Hospital

—In an action to recover damages for medical malpractice and wrongful death, the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Schmidt, J.), dated May 10, 2000, which, upon a jury verdict on the issue of liability, is in favor of the defendants and against them dismissing the complaint.

Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the complaint insofar as asserted against the defendant Lowell Kane; as so modified, the judgment is affirmed, with costs to the plaintiffs payable by the defendant Lowell Kane, a new trial…