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DELAHANTY v. DeGUIRE, JR.

280 A.D.2d 638 (2001)

720 N.Y.S.2d 840

TERRI DELAHANTY et al., Appellants, v. GEORGE DeGUIRE, JR., Respondent.

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

Decided February 26, 2001.

Ordered that the order is affirmed, with costs.

In January 1994 the plaintiffs' decedent commenced this medical malpractice action alleging that the defendant failed to diagnose her breast cancer. After the decedent was deposed, the defendant moved for partial summary judgment based upon a Statute of Limitations defense (see, CPLR 214-a). In a memorandum decision dated June 3, 1996, the Supreme Court determined that the motion for partial summary judgment should...

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