Opinion
Argued March 28, 2000.
July 3, 2000.
In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated June 5, 1998, as granted that branch of the motion of the defendants Methodist Hospital and Steven H. Silber which was for summary judgment dismissing the complaint insofar as asserted against them, and the defendant Joseph C. Casarona cross-appeals from so much of the same order as denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.
Edelman Edelman, P.C., New York, N.Y. (Edward G. Bithorn of counsel), for appellant-respondent.
McAloon Friedman, P.C., New York, N.Y. (Laura R. Shapiro of counsel), for respondent-appellant.
Before: DAVID S. RITTER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER ON MOTION
ORDERED that the appeal and cross appeal are dismissed, with one bill of costs to the plaintiffs, as that order was superseded by an order of the same court dated December 21, 1998, made upon reargument (see, Mineroff v. Silber, 274 A.D.2d 379; [Appellate Division Docket No. 99-01157, decided herewith]).