Order unanimously affirmed without costs.
Memorandum:
Stephen J. Gawronski, M.D. (defendant), a vascular surgeon, was contacted by telephone to consult on the course of treatment for plaintiff's decedent, a patient whom he had never seen, and agreed to perform a surgical procedure to address a pulmonary embolism. Defendant contacted Millard Fillmore Hospital to schedule a time for the surgery but was advised that no operating rooms were available. Before an...
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