Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
Milton Putter, who has died since the commencement of this action, was diagnosed in July 1994 as suffering from hepatitis-C. He and his wife, the plaintiff Beatrice Putter, commenced this action in 2002, alleging that his condition was occasioned by surgery performed in 1993 by the defendant Michael H. Hall at the defendant North Shore University Hospital...
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