Plaintiff failed to demonstrate satisfactorily a mutual contemplation, with her physician, of further treatment between her last examination, on July 26, 2001, and a test performed on October 31 of that year, which would have tolled the statute of limitations and rendered timely the commencement of this medical malpractice action in March 2004. Notwithstanding plaintiff's reliance on defendant's notation in the medical record of July 26 that plaintiff was to continue to advance...
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