There is sufficient evidence in the record of this medical malpractice action to demonstrate the existence of triable issues of fact as to the moving doctors' participation in plaintiff's eye surgery. Notwithstanding defendant and third-party plaintiff Galin's frequent invocation of his Fifth Amendment right against self-incrimination during the course of his deposition, the motion court did not err in declining to dismiss the third-party complaint. The trial court may still...
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