VIEDYA SABRINA FERGUSON, AS THE ADMINISTRATRIX OF THE ESTATE OF RAYMOND A. FERGUSON, JR., DECEASED, AND VIEDYA SABRINA FERGUSON, INDIVIDUALLY, res, v. DAVID LAFFER def, STAN XUHUI LI ap — (INDEX NO. 18641/12)In an action, inter alia, to recover damages for wrongful death, etc., (1) the defendant Family Medical Practice of Bay Shore, P.C., appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Garguilo, J.), dated March 6, 2015, as (a) granted that branch of the plaintiff’s motion which was for leave to reargue her opposition to its prior motion for summary judgment dismissing the complaint insofar as asserted against it, which had been granted in an order of the same court dated August 19, 2014, and, upon reargument, in effect, vacated that portion of the order dated August 19, 2014, and thereupon denied its motion for summary judgment dismissing the complaint insofar as asserted against it, and (b) granted that branch of the plaintiff’s motion which was to direct it to produce copies of the medical records of the defendants David Laffer and Melinda Brady, and (2) the defendant Stan Xuhui Li and the defendants Eric Jacobson and Eric Jacobson, M.D., P.C., separately appeal, as limited by their respective briefs, from so much of the order dated March 6, 2015, as granted that branch of the plaintiff’s motion which was to direct each of them to produce copies of the medical records of the defendants David Laffer and Melinda Brady.
ORDERED that the order dated March 6, 2015, is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, with one bill of costs payable to the appellants appearing separately and filing separate briefs, that branch of the plaintiff’s motion which was for leave to reargue her opposition to the prior motion of the defendant Family Medical Practice of Bay Shore, P.C., for summary judgment dismissing the complaint insofar as asserted against it is denied, and that branch of the plaintiff’s motion which was to direct the defendants Family Medical Practice of Bay Shore, P.C., Stan Xuhui Li, Eric Jacobson, and Eric Jacobson, M.D., P.C., to produce copies of the medical records of the defendants David Laffer and Melinda Brady is denied.
