Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondent.
On the evening of July 3, 1995, the plaintiff, in obvious distress, presented himself at the office of the defendant Dr. Jonathan K. Schwartz, who had previously operated on him, insisting that he be seen. Dr. Schwartz, who rents office space one evening per week from the defendant Dr. V. Thomas Sanderson,
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