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D'AURIA v. DOUGHERTY

Index No. 809580/2019.

77 Misc.3d 455 (2022)

2022 NY Slip Op 22285

ANTHONY D'AURIA et al., Plaintiffs, v. DAVID R. DOUGHERTY, D.O., et al., Defendants.

Supreme Court, Erie County.

Decided July 6, 2022.

Attorney(s) appearing for the Case

Ricotta, Mattrey, Callocchia, Markel & Cassert (Colleen Mattrey of counsel) for Robert R. Conti, M.D., defendant.

Lipsitz Green Scime Cambria LLP (Laraine Kelley of counsel) for plaintiffs.

Connors LLP (John T. Loss of counsel) for David R. Dougherty, D.O., defendant.

OPINION OF THE COURT

Defendant Robert R. Conti, M.D., has brought a motion seeking summary judgment based on the affirmative defense of the statute of limitations that plaintiff untimely commenced this action. Plaintiff opposes the motion and asserts that the continuous treatment doctrine exception to the statute of...

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