It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied, and the complaint against defendant Phillip J. Rados, M.D. is reinstated.
Memorandum:
Plaintiff and the original coplaintiff, now plaintiff's decedent, commenced this action for damages asserting various tort theories of liability by the timely filing and service of a summons with notice. Counsel for defendant Phillip...
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