Ordered that the order is reversed, on the law, with costs, and the motion is denied.
The plaintiff commenced this action to recover damages, inter alia, for medical malpractice arising from a bilateral breast reduction performed by the defendant Steven Herman, M.D. The defendant John DeCorato, M.D., assisted at the surgery. After issue was joined and various pre-trial discovery conducted, DeCorato moved for summary judgment dismissing the complaint insofar...
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