Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the plaintiffs' motion for leave to serve a second amended complaint is granted, and the proposed second amended complaint which was annexed to the plaintiff's motion papers is deemed served.
On or about February 2, 2004 the defendant Dr. Joseph Fishkin performed cataract surgery on the plaintiff Juan Rivera. Rivera and his wife later commenced this action against Dr. Fishkin...
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