Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing the plaintiff's cause of action based on wrongful death and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
The present action was commenced as a result of the death of the plaintiff's decedent following abdominal surgery...
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