Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Melville Surgery Center, LLC, for summary judgment dismissing the complaint insofar as asserted against it is granted.
Upon the referral of another physician, the plaintiff Gary Doria (hereinafter the injured plaintiff) sought treatment from the defendant physician David Benisch. After examining the plaintiff, Benisch recommended surgery. Benisch told...
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