Order reversed, on the law, with $50 costs and disbursements, defendant Futernick's motion for summary judgment is granted, and plaintiffs' cross motion is denied.
In late November, 1978 plaintiffs commenced this medical malpractice action by service of a summons and complaint, it being alleged that Iris Berkowitz was injured by appellant Dr. Ben Futernick, and co-defendants, Dr. Walter J. Puderbach and Whitestone General Hospital, in the course of medical treatment...
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