Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants Wilfrid Herard, Medical Practice of Wilfrid Herard, P.C., and Wilfrid Herard, P.C., which was for summary judgment dismissing so much of the cause of action alleging medical malpractice as was based upon treatment rendered in 1998 insofar
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