Ordered that the order is affirmed, with costs.
The decedent had been seeing the defendant Vitaly Volovoy (hereinafter the defendant) for treatment of various upper body aches and pains (hereinafter the core symptoms) from March 2001 through December 2001. In December 2001 he was diagnosed with lung cancer, ultimately succumbing to the disease on March 26, 2002. The plaintiffs alleged that the defendant failed to timely diagnose and treat the decedent's lung cancer...
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