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DAVID v. HUTCHINSON

11633, 16628/05

114 A.D.3d 412 (2014)

980 N.Y.S.2d 38

2014 NY Slip Op 600

VICTORIA DAVID, Respondent, v. PHILIP MARTIN HUTCHINSON, D.O., et al., Defendants, and Daniel Cerbone, M.D., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 4, 2014.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered March 20, 2013, which, insofar as appealed from, denied defendant Daniel Cerbone, M.D.'s cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the cross motion granted, and the amended complaint dismissed as against defendant Daniel Cerbone, M.D. The Clerk is directed to enter judgment accordingly.

In this action for medical malpractice, plaintiff...

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