It is hereby ordered that the order so appealed from is unanimously affirmed with costs.
Memorandum: This medical malpractice action was commenced by plaintiff and Andrew Radko (decedent), who died during the pendency of the action, and plaintiff was thereafter substituted as executor of decedent's estate. Supreme Court properly denied defendant's motion seeking summary judgment dismissing the complaint. With respect to the first cause of action alleging that defendant...
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