Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial granted, with costs to abide the event. Appeal from the order dismissed, as academic, in light of the determination on the appeal from the judgment.
Defendant, in the course of elective low back surgery he was performing on Michael La Russo, pursuant to his preoperative diagnosis of a herniated vertebral disk, encountered an unprecedented anomaly. This was a bifurcation...
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