Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff commenced this action in 2002. In his complaint he alleged, inter alia, that the defendant failed to "promptly examine... diagnose ... and appropriately treat" his decedent in its emergency room in 1996. The defendant moved to dismiss the complaint as time-barred pursuant to CPLR 214-a. In opposition, the plaintiff claimed, inter alia, that the action was governed by the six-year...
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