Opinion
Argued March 24, 2003.
April 21, 2003.
In an action to recover damages for medical malpractice, the defendant Chhong 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 without prejudice to renewal upon completion of discovery.
Before: Altman, J.P., Goldstein, Luciano and Rivera, JJ., concur.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the appellant's motion for summary judgment without prejudice to renewal (see Swezey v. Montague Rehab Pain Mgt., 304 A.D.2d 746, [decided herewith]).