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TEXERIA v. BAB NUCLEAR RADIOLOGY, P.C.

2006-10907

2008 NY Slip Op 07232

SANDRA TEXERIA, respondent, v. BAB NUCLEAR RADIOLOGY, P.C., ET AL., appellants, ET AL., defendants.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains, N.Y. (Edward J. Guardaro, Jr., Gina B. DiFolco, and Adonaid Casado of counsel), for appellants.

Kramer & Dunleavy, LLP, New York, N.Y. (Lenore Kramer of counsel), for respondent.

Before: William F. Mastro, J.P., Peter B. Skelos, Joseph Covello, John M. Leventhal, JJ.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

On their motion for summary judgment, the appellants established their prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324), by demonstrating that any medical malpractice claims based upon alleged acts they committed prior to January 1, 2003, were time-barred (see CPLR...

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