Ordered that the order dated May 13, 2005 is reversed, on the law, the motion is granted, the judgment and the order entered May 27, 2004 are vacated, and the complaint is reinstated insofar as asserted against the defendants David Farber, Peter J. Ajemian, and Orthopedic & Sports Medicine Institute of Long Island; and it is further,
Ordered that the appeal from the judgment is dismissed as academic in light of our determination on the appeal from the order; and...
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