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SIMONS v. BASSETT HEALTH CARE AND PRIME CARE

2007-0257

2009 NY Slip Op 51303(U)

KATHRYN SIMONS AND DONALD SIMONS, Plaintiffs, v. BASSETT HEALTH CARE AND PRIME CARE, A DIVISION OF BASSETT HEALTH CARE, Defendants.

Supreme Court, Otsego County.

Decided June 24, 2009.

Attorney(s) appearing for the Case

Jeanne M. Gonsalves Lloyd, Esq., of Counsel, Friedman, Herschen & Miller, LLP, Albany, NY, Counsel for Plaintifs.

Shawn T. Nash, Esq., of Counsel, Napierski, Vandenburgh & Napierski, LLP, Albany, NY, Counsel for Defendants.

FERRIS D. LEBOUS, J.

This is a medical malpractice action. Defendants Bassett Health Care and Prime Care, a Division of Bassett Health Care (hereinafter collectively "defendant") move for summary judgment dismissing the complaint on the ground that this action is time barred by the statute of limitations because more than two years and six months elapsed between the originally alleged malpractice on June 9, 2003 and the date this suit was commenced on March 20, 2007...

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