Ordered that the order is affirmed, with costs.
As is relevant to this appeal, in June 2013, the plaintiff commenced this action against the defendant Marshall Hubsher (hereinafter the defendant) and others to recover damages arising out of an incident that occurred in April 2012 when the defendant, a psychiatrist, engaged in sexual acts with the plaintiff, his patient, during a treatment session. The defendant was arrested and indicted on charges of rape in the third...
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