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McCABE v. FRIEDMAN

277 A.D.2d 432 (2000)

717 N.Y.S.2d 228

JOHN E. McCABE, Appellant, v. KARL FRIEDMAN et al., Defendants, and FRANK L. ROSS et al., Respondents.

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

Decided November 27, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The action is time barred as against the respondents since it was commenced more than two and one-half years after their only involvement in the plaintiff's treatment (see, CPLR 214-a; Evra v Hillcrest Gen. Hosp., 111 A.D.2d 740). The plaintiff is not entitled to have his claim relate back to his timely-commenced action against the defendants...

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