Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is denied, and the claim is reinstated.
The claimant commenced this claim to recover damages for medical malpractice. The defendant cross-moved for summary judgment dismissing the claim. However, in support of its cross motion, the defendant failed to demonstrate, prima facie, either that there was no departure from good and accepted medical practice during the diagnosis...
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