At issue on this appeal is whether the first cause of action in plaintiff's complaint is based upon medical malpractice or negligence. Defendant contends that the cause of action sounds in medical malpractice and, therefore, plaintiff was required to comply with the pleading requirements for medical malpractice actions (see, CPLR 3012-a, 3017 [c]; 3406 [a]). Supreme Court held that plaintiff had pleaded a negligence cause of action. We...
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