Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Excel Rehabilitation & Sports Therapy which was for summary judgment dismissing the complaint insofar as asserted against it is granted.
On February 20, 2005, the plaintiff Peter Shank (hereinafter the plaintiff) accidentally cut the flexor tendon in his right thumb with a knife. The plaintiff sought treatment at a hospital emergency...
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