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VARONE v. DELMAN

272 A.D.2d 320 (2000)

707 N.Y.S.2d 879

ROCCO J. VARONE, Appellant, v. MICHAEL DELMAN, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 1, 2000.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action against the defendant physician in 1992 asserting causes of action sounding in negligence and breach of contract. The defendant's motion to dismiss the complaint was granted to the extent of dismissing the cause of action based on negligence as time-barred. The plaintiff appealed, and this Court affirmed (see, Varone v Delman, 215 A.D.2d 373

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