Appellate Division of the Supreme Court of the State of New York April 18, 2005 (Fragosa v. Haider)

In an action, inter alia, to recover damages for medical malpractice, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Weiss, J.), dated September 30, 2003, as denied that branch of his cross motion which was pursuant to CFLR 3211 (a) (7) to dismiss the third cause of action to recover damages for medical malpractice.