It is hereby ordered that the order so appealed from is modified on the law by denying the cross motion and as modified the order is affirmed without costs.
Memorandum: Plaintiffs commenced this medical malpractice action alleging, inter alia, that defendant Paul J. Wopperer, M.D. negligently "caused and/or allowed" a metallic fragment to break off from a needle that had been placed in the right breast of Vanessa K. Shanahan (plaintiff) to enable Dr. Wopperer to locate...
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