Ordered that the judgment is affirmed, with costs.
In 1999 the plaintiff's decedent was admitted to Horton Medical Center (hereinafter the Hospital) where he subsequently died. In 2001 the plaintiff commenced this action against the Hospital alleging, inter alia, that the Hospital failed to properly diagnose and treat the decedent. Thereafter the Hospital successfully moved for summary judgment dismissing the complaint. However, upon a prior appeal to this Court,...
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