BARBARA HOGAN, ETC., ap, v. EVAN SCHWARTZ, ET AL., RESPONDENTS def

BARBARA HOGAN, ETC., ap, v. EVAN SCHWARTZ, ET AL., RESPONDENTS def — (INDEX NO. 5251/04)In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Queens County (O'Donoghue, J.), entered February 8, 2012, which denied her motion to vacate so much of a prior order of the same court entered March 9, 2010, as granted the motion of the defendant Evan Schwartz and the separate motion of the defendants Trump Pavilion for Nursing and Rehabilitation and Jamaica Hospital Nursing Home Co., Inc., for summary judgment dismissing the complaint insofar as asserted against each of them, upon her failure to oppose the motions, and for leave to submit opposition to the motions.

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BARBARA HOGAN, ETC., ap, v. EVAN SCHWARTZ, ET AL., RESPONDENTS def — (INDEX NO. 5251/04)In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), entered February 8, 2012, which denied her motion to vacate so much of a prior order of the same court entered March 9, 2010, as granted the motion of the defendant Evan Schwartz and the separate motion of the defendants Trump Pavilion for Nursing and Rehabilitation and Jamaica Hospital Nursing Home Co., Inc., for summary judgment dismissing the complaint insofar as asserted against each of them, upon her failure to oppose the motions, and for leave to submit opposition to the motions.

ORDERED that the order entered February 8, 2012, is reversed, on the law, on the facts, and in the exercise of discretion, with one bill of costs payable to the plaintiff by the respondents appearing separately and filing separate briefs, the plaintiff’s motion to vacate so much of the order entered March 9, 2010, as granted the separate motions of the defendant Evan Schwartz and the defendants Trump Pavilion for Nursing and Rehabilitation and Jamaica Hospital Nursing Home Co., Inc., for summary judgment dismissing the complaint insofar as asserted against each of them is granted, and the matter is remitted to the Supreme Court, Queens County, for further proceedings, including a determination of those defendants’ summary judgment motions on the merits.

BARBARA HOGAN, ETC., ap, v. EVAN SCHWARTZ, ET AL., RESPONDENTS def

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