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CHESTNUT v. BOBB-McKOY

Nos. 6019, 302997/08.

94 A.D.3d 659 (2012)

943 N.Y.S.2d 461

2012 NY Slip Op 3267

SHEILA CHESTNUT, as Executrix of DORIS FULTON, Deceased, Appellant, v. MARION BOBB-McKOY, M.D., et al., Respondents.

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

Decided April 26, 2012.

On April 11, 2008, plaintiff commenced this action based on the failure to timely diagnose and treat lung cancer, leading to the unimpeded growth of the cancer and the patient's death. Plaintiff charges defendants with malpractice committed on May 30, 2002 through August 8, 2006. At issue is the viability of any claim for malpractice committed prior to October 11, 2005, which is, on its face, outside the 2½ year statute of...

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