Appellate Division of the Supreme Court of the State of New York April 21, 2003 (Swezey v. Montague Rehab & Pain Management, P.C.)

In an action to recover damages for medical malpractice, the defendant Choong Kim appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated March 5, 2002, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him without prejudice to renewal upon completion of discovery.

Ordered that the order is affirmed, with costs.