Order affirmed, with costs.
Appellant Leonard Burson, practicing "by and through" appellant Metropolitan Surgical Group, P. C., has failed to negate, as a matter of law, the inference of negligence that may be drawn as a result of his failure to observe and remove a laparotomy pad, measuring 100 to 144 square inches, which he had placed in the plaintiff's abdomen during surgery (see, Benson v Dean, 232 N.Y. 52, 56; Blackburn v Baker, 227 App Div...
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