Ordered that the order is affirmed, with costs.
In 2012, the plaintiff Paul H. Chicoine (hereinafter the injured plaintiff), and his wife suing derivatively, commenced this action against, among others, Michael R. Mendola (hereinafter the defendant). The plaintiffs alleged that the defendant committed medical malpractice when the injured plaintiff visited the emergency room of St. Joseph Hospital in Bethpage, New York. The defendant interposed an answer.
In...
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