Order unanimously reversed on the law without costs, motion granted and complaint dismissed.
Memorandum:
Supreme Court erred in denying defendant Vaddadi's motion to dismiss plaintiffs' complaint based upon their failure to comply with General Municipal Law §§ 50-e and 50-i. On this record, it is uncontroverted that, at the time of the surgical procedure alleged in the complaint, defendant was a resident physician at the Erie County Medical Center...
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