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BJORKE v. RUBENSTEIN

2007-01253.

2008 NY Slip Op 06184

VICKY BJORKE, ET AL., appellants-respondents, v. IRA RUBENSTEIN, ETC., ET AL., defendants, JOSEPH YACOVONE, ETC., ET AL., respondents-appellants, JENNIFER WILKEN, ET AL., respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 8, 2008.

Attorney(s) appearing for the Case

David L. Taback, P.C., New York, N.Y., for appellants-respondents.

Tarshis, Catania, Liberth, Mahon & Milligram, PLLC, Newburgh, N.Y. (Ralph L. Puglielle, Jr., of counsel), for respondents-appellants and respondents.

Before: STEVEN W. FISHER, J.P., EDWARD D. CARNI, WILLIAM E. McCARTHY, ARIEL E. BELEN, JJ.,

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable by the plaintiffs to the defendants Jennifer Wilken, Howard Karpoff, and Orange Surgical Group, M.D., P.C., and one bill of costs payable by the defendants Joseph Yacovone, Julie L. Barudin, and Horton Medical Center to the plaintiffs.

"In a medical malpractice action, the party moving for summary judgment must make a prima...

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