67 A.D.2d 702 | N.Y. App. Div. | 1979
— Appeal by the defendants in Action No. 2, as limited by their brief, from so much of an order of the Supreme Court, Nassau County, dated June 1, 1978, as granted the branches of plaintiff’s cross motion which sought to (1) rescind a stipulation of settlement entered into between the parties and (2) restore the action to the Trial Calendar. Order reversed insofar as appealed from, on the law, and said branches of the cross motion denied, with $50 costs and disbursements. Plaintiff commenced two actions, each seeking damages for the wrongful death and conscious pain and suffering of Arthur Raphael, who died following an automobile accident which occurred in October, 1967. In Action No. 1, Booth Memorial Hospital (the hospital), where the decedent was examined following the accident, was named as defendant. Bella and Jack Appleman, who occupied another automobile involved in the accident, were named as defendants in Action No. 2. On November 30, 1976, after the