MORALES v. CARCIONE, JR.


48 A.D.3d 648 (2008)

852 N.Y.S.2d 343

LUCIA ROSARIO MORALES, Respondent, v. JOSEPH R. CARCIONE, JR., Defendant, and CENTRAL WESTCHESTER NEUROMUSCULAR CARE, P.C., Appellant.

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

Decided February 19, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the appellant's motion pursuant to CPLR 3211 (a) (5) which was to dismiss the third cause of action as time-barred is granted.

On November 5, 2004 the plaintiff commenced this action against the defendant Joseph R. Carcione, Jr. (hereinafter Dr. Carcione) and his professional corporation, the defendant

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