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BARTLETT v. GAGE

166 Misc.2d 317 (1995)

633 N.Y.S.2d 246

Ruth A. Bartlett, Plaintiff, v. Andrew M. Gage et al., Defendants.

Supreme Court, Erie County.

October 6, 1995

Attorney(s) appearing for the Case

Maloney, Gallup, Roach, Brown & McCarthy, P. C. (J. Mark Gruber of counsel), for defendants. Dadd & Nelson, P. C. (Christine M. Newton of counsel), for plaintiff.

JOSEPH D. MINTZ, J.

Defendants move to dismiss the complaint pursuant to CPLR 3211 (a) (5), that the action was not commenced within the Statute of Limitations for actions for medical malpractice under CPLR 214-a.

The following facts are not in dispute: The complaint alleges malpractice on or about the 8th day of December 1989, and continuous treatment until...

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