Opinion
Argued March 22, 2001.
April 16, 2001.
In an action to recover damages for medical malpractice, the plaintiffs appeal from (1) an order of the Supreme Court, Kings County (Patterson, J.), dated October 7, 1999, which granted the motion of the defendant Arie Fleischer, and the separate motion of the defendants Anup Gheewala and Methodist Hospital of Brooklyn, for summary judgment dismissing the complaint insofar as asserted against them, and (2) an order of the same court, dated November 12, 1999, which granted the motion of the defendant Helen Cutler pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against her.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, HOWARD MILLER ROBERT W. SCHMIDT, JJ.
Reynolds Caronia Gianelli Hagney, LLP, Hauppauge, N.Y. (James F. Hagney of counsel), for appellants.
Aaronson, Rappaport, Feinstein Deutsch, LLP, New York, N Y (Elliott J. Zucker of counsel), for respondent Arie Fleischer.
Geisler Gabriele, LLP, Garden City, N.Y. (Lori A. Marano of counsel), for respondents Helen Cutler, Anup Gheewala, and Methodist Hospital of Brooklyn.
DECISION ORDER
ORDERED that the order dated October 7, 1999, is modified by deleting the provision thereof granting the motion of the defendant Arie Fleischer which was for summary judgment dismissing the complaint insofar as asserted against him and substituting therefor a provision denying that motion; as so modified, the order is affirmed; and it is further,
ORDERED that the order dated November 12, 1999, is affirmed; and it is further,
ORDERED that the respondents Helen Cutler, Anup Gheewala, and Methodist Hospital of Brooklyn are awarded one bill of costs payable by the respondent Arie Fleischer.
There are issues of fact requiring the denial of summary judgment as to the defendant Fleischer. However, the Supreme Court properly found that the plaintiffs failed to satisfy their burden of proving, by preponderating evidence, that jurisdiction over the defendant Helen Cutler had been obtained (see, Frankel v. Schilling, 149 A.D.2d 657; Skyline Agency v. Ambrose Coppotelli, Inc., 117 A.D.2d 135).
Finally, the Supreme Court properly found that the defendants Anup Gheewala and Methodist Hospital of Brooklyn were entitled to summary judgment (see, Campbell v. Stevens Hosp., 118 A.D.2d 988; Filippone v. St. Vincent's Hosp. Med. Ctr. of N.Y., 253 A.D.2d 616; Hill v. St. Clare's Hosp., 67 N.Y.2d 72; Tuzeo v. Hedge, 172 A.D.2d 747).
SANTUCCI, J.P., FLORIO, H. MILLER and SCHMIDT, JJ., concur.