Ordered that the order is reversed, on the law, with costs, the plaintiff's oral application, in effect, to strike the defendant's answer and for judgment as a matter of law on the issue of liability is denied, and the defendant's answer is reinstated.
In June 2014, the plaintiff, as administrator of the decedent's estate, commenced this action to recover damages for medical malpractice, wrongful death, and violation of the common-law right of sepulcher following...
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