Order unanimously modified on the law and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: Plaintiff commenced this action on September 26, 1996 to recover for injuries resulting from the alleged negligence of defendant William Marx, M.D., in damaging her common bile duct during gall bladder surgery performed at defendant St. Elizabeth Hospital (Hospital) on March 30, 1993. Supreme Court erred in granting the motion of Dr. Marx for...
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