Order unanimously reversed, on the law, with costs, and motion granted.
Memorandum:
While undergoing gallbladder surgery at defendant Clifton Springs Hospital, plaintiff David Byork's common bile duct was severed. Plaintiff sued the attending physician, Myron E. Carmer; the assisting surgeon, Ronald Li; and the hospital. The theory of plaintiffs' case against the hospital is that it had knowledge of defendant Carmer's negligent performance on prior occasions...
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