Singleton v. Lenox Hill Hospital

• Decision Date: 28 April 2009
• Docket Number: 2008-00846.
• Citation: 2009 NY Slip Op 03504,61 A.D.3d 956,876 N.Y.S.2d 909
• Parties: LEATRICE SINGLETON, Respondent, v. LENOX HILL HOSPITAL et al., Appellants, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

61 A.D.3d 956

876 N.Y.S.2d 909

2009 NY Slip Op 03504

LEATRICE SINGLETON, Respondent, v. LENOX HILL HOSPITAL et al., Appellants, et al., Defendants.

2008-00846.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 28, 2009.

In an action to recover damages for medical malpractice, the defendants Lenox Hill Hospital, OB-GYN Associates, P.C., and Kenneth James appeal, and the defendants Long Island College Hospital and John P. Brennan separately appeal, as limited by their respective briefs, from so much of an order of the Supreme Court, Kings County (Jackson, J.), dated December 7, 2007, as granted that branch of the plaintiff's motion which was for leave to reargue her opposition to the motion of the defendants Lenox Hill Hospital, OB-GYN Associates, P.C., and Kenneth James and the separate motion of the defendants Long Island College Hospital and John P. Brennan pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against each of them, which had been determined in an order of the same court dated June 4, 2007, and, upon reargument, vacated the original determination granting the motion and the separate motion and, in effect, denied the motion and the separate motion.

Ordered that the order dated December 7, 2007, is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately and filing...