It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiff commenced this action to recover damages for decedent's personal injuries, emotional stress and pain, allegedly resulting from defendants' medical malpractice. Supreme Court properly denied the motion of Alan Johnson, M.D. (defendant) for summary judgment. The affidavit of defendant's medical expert, tendered with the initial...
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