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CAPECE v. NASH

65 A.D.3d 1270 (2009)

LINDA CAPECE, Appellant, v. THOMAS NASH, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 29, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted and, upon reargument, the decision and order of this Court dated June 24, 2008 (Capece v Nash, 52 A.D.3d 760 [2008]), is recalled and vacated, and the following decision and order is substituted therefor:

In an action to recover damages for medical malpractice and wrongful death, the...

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