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CAVALUZZI v. BEYERS

306 A.D.2d 429 (2003)

761 N.Y.S.2d 290

LAWRENCE J. CAVALUZZI, Appellant, v. S. DAVID BEYERS, Respondent.

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

Decided June 23, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The defendant met his initial burden of establishing his entitlement to summary judgment dismissing the complaint on the ground that the action, commenced in July 1999, was time-barred (see generally Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). The plaintiff expressly limited his dental malpractice claim...

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