Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
The appellant made out a prima facie case that his conduct did not constitute malpractice through the affirmations of Drs. Donna Mendes and Lawrence Kobak (see Alvarez v Prospect Hosp.,
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