Ordered that the order is reversed, on the law, without costs or disbursements, that branch of the defendant's motion which was for summary judgment dismissing the plaintiffs' causes of action based in negligence is granted, and that branch of the defendant's motion which was for summary judgment dismissing the plaintiffs' cause of action based on medical malpractice is denied.
The plaintiff Jan Russo consulted with the defendant, Dr. Jitrendra Shah, in February 1995...
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