Ordered that the order is affirmed, with costs.
Following the decedent's death from lung cancer in 1978, the plaintiff commenced the instant action alleging, inter alia, that the defendant doctor failed to timely diagnose the disease. The amended complaint alleged negligent acts and omissions by the defendant beginning in 1970. The defendant subsequently moved for partial summary judgment on the ground that any claim of malpractice based on acts or omissions...
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