PEREZ v. MOSHULU FOOTCARE


1 A.D.3d 209 (2003)

767 N.Y.S.2d 221

MARINA PEREZ et al., Appellants, v. MOSHULU FOOTCARE et al., Respondents.

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

November 18, 2003.


This action for podiatric malpractice, commenced in November 1999, was properly dismissed as time-barred in light of testimonial and documentary evidence indicating that plaintiff was last treated by defendant doctor in October 1996 (see CPLR 214-a). Although plaintiff contends that her treatment with defendant continued beyond that date, the record does not contain evidence probative of that contention, much less that the claimed treatment continued sufficiently long...

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