It is hereby ordered that the judgment so appealed from be and the same hereby is affirmed without costs.
Memorandum:
Plaintiff commenced this medical malpractice action alleging that Stephen E. Paul, M.D. (defendant) negligently performed two back surgeries on him. Plaintiff did not call defendant as a witness in his direct case, and defendant testified as a fact witness for the defense. Although defendant's attorney did not elicit any opinion testimony from...
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