Order, Supreme Court, New York County (Ellen M. Coin, J.), entered August 30, 2013, which denied defendant's motion to dismiss the complaint, unanimously modified, on the law, to dismiss the "res ipsa loquitur" cause of action, as well as the first cause of action only to the extent it sounds in gross negligence, and otherwise affirmed, without costs.
Plaintiff's "res ipsa loquitur" cause of action should be dismissed, because res ipsa loquitur is a not a separate...
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