Appellate Division of the Supreme Court of the State of New York February 13, 2003 (Donovan v. Rothman)

Order, Supreme *239Court, New York County (Herman Cahn, J.), entered January 15, 2002, which, to the extent appealed and cross-appealed from as limited by the briefs, granted in part the motion of defendant Lenox Hill Hospital (the Hospital) to dismiss the sixth cause of action, and denied the cross motion of defendant Lewis Rothman (Rothman) to dismiss that portion of the third cause of action