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CARROLL v. MOTOLA

2012-02780, Index No. 17708/08.

109 A.D.3d 629 (2013)

970 N.Y.S.2d 820

2013 NY Slip Op 5728

ANN MARIE CARROLL, as Executor of JAMES DALTON, Deceased, Respondent, v. JAY MOTOLA, M.D., et al., Respondents-Appellants, and DANIEL LEHMAN, M.D., Appellant-Respondent, et al., Defendants.

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

Decided August 28, 2013.

In a consolidated action, inter alia, to recover damages for medical malpractice, the defendant Daniel Lehman appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Loehr, J.), entered January 30, 2012, as denied his motion for leave to amend his answer to assert the statute of limitations as a defense to the cause of action alleging wrongful death, and the defendants Jay Motola and...

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