Slone v. Salzer

In an action to recover damages for medical malpractice, etc., the defendant John DeCicco appeals from an order of the *610Supreme Court, Nassau County (Segal, J.), dated March 21, 2003, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The appellant made out a prima facie case that his conduct did not constitute malpractice through the…