Ordered that the judgment is reversed insofar as appealed from, on the law, that branch of the motion of the defendant James B. Hurwitz which was pursuant to CPLR 4401 for judgment as a matter of law dismissing so much of the complaint as sought to recover damages for medical malpractice which allegedly occurred during the subject surgery insofar as asserted against him is denied, that portion of the complaint is reinstated, the action against the defendant Staten Island...
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