Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiffs allege that the defendant committed malpractice during the course of an operation upon the knee of the plaintiff Mark Anderson (hereinafter Anderson). Subsequent to this operation Anderson underwent a second surgical intervention on his knee by a nonparty, Dr. Ronald M. Krinick (hereinafter Krinick). Anderson retained Krinick as his expert witness in this action...
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