Ordered that the order is modified, on the law and the facts, by deleting the provision thereof denying that branch of the plaintiffs' motion which was for leave to assert a claim based on an alleged failure to perform a nephrosonogram, and substituting therefor a provision denying that branch of the motion as unnecessary; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court providently exercised its discretion...
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