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BADOLATO v. ROSENBERG

2008-01944.

67 A.D.3d 937 (2009)

890 N.Y.S.2d 85

2009 NY Slip Op 08767

PASQUALE BADOLATO, Respondent, v. MARK ROSENBERG, Appellant.

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

Decided November 24, 2009.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was for summary judgment dismissing, as time-barred, so much of the complaint as alleged acts of medical malpractice committed prior to June 27, 2002, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

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