Crystal Owens v Jamaica Hospital Center

Owens v Jamaica Hosp. Ctr. 2006 NY Slip Op 01287 [26 AD3d 421] February 21, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 19, 2006

Crystal Owens, Respondent,
v
Jamaica Hospital Center et al., Appellants.

—[*1]In action to recover damages for medical malpractice and lack of informed consent, the defendants appeal, as limited by their respective briefs, from so much of an order of the Supreme Court, Kings County (Ruditzky, J.), dated February 4, 2005, as granted the plaintiff's motion, in effect, to vacate the dismissal of the action and to restore the action to the trial calendar.

Ordered that the appeal by the defendant Jamaica Hospital Center is dismissed as withdrawn in accordance with the stipulation dated November 2, 2005; and it is further,

Ordered that the order is affirmed insofar as appealed from by the remaining [*2]defendants; and it is further,

Ordered that one bill of costs is awarded to the respondent payable by the appellants appearing separately and filing separate briefs.

Under the circumstances, the Supreme Court providently exercised its discretion in granting the plaintiff's motion (see Sapir v Krause, Inc., 8 AD3d 356, 357 [2004]; Lopez v Imperial Delivery Serv., 282 AD2d 190, 197 [2001]). Adams, J.P., Ritter, Goldstein, Skelos and Dillon, JJ., concur.