Opinion
November 9, 2000.
Mazzarelli, J.P., Ellerin, Lerner, Rubin, Andrias, JJ.
Motion for clarification granted to the extent of amending the decision and order of this Court entered on August 10, 2000 (Appeal No. 983) by (1) deleting the words "as his private patient" appearing after the name "Randy K." on the fifth line on page 4 of said decision and order; and (2) deleting the sentence on page 6, which begins on the twelfth line with the word "McDonald" and ends on the fifteenth line with the word "injury", and substituting the following therefor: "McDonald did not appear or oppose the motion. However, Randy K. also argued that the provision was against public policy because it failed to recognize the possibility of concurrent causes of the patient's injury." Motion otherwise denied.