Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: In a summons and complaint filed in the office of the Erie County Clerk on June 20, 1996, plaintiff seeks to recover damages for injuries she allegedly sustained while a patient at defendant Erie County Medical Center (ECMC) when she was pushed into the wall by a nurse employed by ECMC. The summons...
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