Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, and those branches of the motion which were to set aside the verdict as legally insufficient and to dismiss the complaint insofar as asserted against the defendant Victor Ho are granted.
It is well settled that the requisite elements of proof in a medical malpractice case are a departure from accepted practice and evidence that such departure was a proximate cause of the injury...
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