Opinion
July 5, 1966
In an action to recover damages for medical malpractice, assault and breach of contract, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered April 15, 1965, which dismissed the complaint as against the defendant Joseph Iraci pursuant to CPLR 3212 and severed the action against the remaining defendants. Judgment reversed, with $10 costs and disbursements, and defendant's motion for summary judgment denied. In our opinion, triable issues of fact exist. Beldock, P.J., Ughetta, Brennan, Hopkins and Benjamin, JJ., concur.