Order unanimously reversed on the law with costs, motion denied, complaint and cross claims reinstated and summary judgment granted to plaintiff dismissing second affirmative defense.
Memorandum:
In this medical malpractice action arising out of the death of plaintiff's decedent following treatment in a hospital emergency room, plaintiff appeals from an order granting the motion of defendant Kenneth H. Eckhert, Jr., M.D., for summary judgment dismissing the...
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