Order, Supreme Court, New York County (Douglas E. McKeon, J.), entered on or about December 20, 2011, which, in this medical malpractice action, granted defendant-appellant's motion to dismiss the complaint as against him upon the condition that defendant not raise the statute of limitations as an affirmative defense should a similar action be commenced in another jurisdiction, unanimously modified, on the law, to vacate the condition, and otherwise affirmed, without costs...
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