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GREENSTEIN v. SOL S. STOLZENBERG, D.M.D., P.C.

5187. 805017/16.

156 A.D.3d 465 (2017)

64 N.Y.S.3d 884

2017 NY Slip Op 08639

LINDA GREENSTEIN et al., Appellants, v. SOL S. STOLZENBERG, D.M.D., P.C., et al., Defendants, and TATYANA BERMAN, D.D.S., Respondent.

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

Decided December 12, 2017.

Dismissal of the complaint as against Berman was proper since the alleged malpractice occurred in 2003 and 2007, and the action was not commenced until January 2016, which was well beyond the applicable statute of limitations (see CPLR 214-a). The record establishes that Berman performed root canal work on two separate occasions to address plaintiff Linda Greenstein's emergent pain issues. These root canal therapies constituted isolated and discrete procedures, and...

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