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PEREZ v. BAEZ

2018-12405, 2019-06039. Index No. 508880/16.

185 A.D.3d 1062 (2020)

128 N.Y.S.3d 564

2020 NY Slip Op 04329

Amalia Perez, Appellant, v. Daysi Baez, Defendant, and Forest Hills Hospital et al., Respondents.

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

Decided July 29, 2020.

Ordered that the order dated August 16, 2018, is reversed, on the law, the separate motions of the defendants Forest Hills Hospital and Sergio Martinez pursuant to CPLR 3211(a)(5) to dismiss, as time-barred, so much of the complaint as was based upon alleged acts of malpractice committed before November 26, 2013, insofar as asserted against each of them are denied, and the order dated April 5, 2019, is vacated; and it is further...

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