Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
In August 2002, the plaintiff's decedent, a 42-year-old man who suffered from multiple health issues, including renal failure and morbid obesity, underwent total left knee replacement surgery. The surgery was completed without issue. The decedent was monitored by nursing staff overnight and was, at all pertinent times, in stable condition. However, at 6:20 a.m. the next day, a nurse...
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