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KUO CHAO v. WESTCHESTER MED. CTR. ADVANCED PHYSICIANS SERVS., P.C.

2013-07953, Index No. 70156/12.

131 A.D.3d 1130 (2015)

16 N.Y.S.3d 758

2015 NY Slip Op 06893

KUO CHAO, M.D., Individually, Derivatively as a Member of UIMA-N PLLC, and Derivatively as a Shareholder of UIMA PC, Respondent, v. WESTCHESTER MEDICAL CENTER ADVANCED PHYSICIANS SERVICES, P.C., et al., Appellants, et al., Defendants.

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

Decided September 23, 2015.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied that branch of the motion of the defendants Westchester Medical Center Advanced Physician Services, P.C., Chitti Moorthy, and Zvi Lefkowitz (hereinafter collectively the appellants) which was to dismiss the first six causes of action insofar as asserted against them, sounding in tort, as time-barred (CPLR 3211 [a] [5]). In opposition to the appellants' prima facie showing in support...

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