Ordered that the order is modified by deleting the provision thereof granting that branch of the motion which was for partial summary judgment dismissing the malpractice claims predicated upon the treatment rendered by the defendant Alexander Gapay to the plaintiff Alonzo Henderson in September 1995, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
In 1993 the plaintiff...
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