While summary judgment dismissing the cause of action for gross negligence may, as the IAS Court held, be precluded by an issue of fact as to "whether defendants acted without the slightest care and regard to [plaintiff's and her decedent's] rights", raised by "the fact that the alleged malpractice continued over the course of six years", such issue does not preclude dismissal of the punitive damages claim under such cause of action. "Even where there is gross negligence...
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