Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.
On May 2, 1981, the plaintiff Lillian Levande fell and sustained a fractured hip. She was thereafter brought to North Shore University Hospital where the defendant, David Dines, M.D., was the orthopedic surgeon on duty. The next day, the defendant performed surgery on the plaintiff, and repaired the broken hip. Sometime between the time of the fall and June...
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