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Pattavina v. DiLorenzo

Appellate Division of the Supreme Court of New York, First Department
Feb 2, 2006
26 A.D.3d 167 (N.Y. App. Div. 2006)

Opinion

7738.

February 2, 2006.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered September 22, 2004, which granted defendants' motion to dismiss the complaint as barred by the statute of limitations, unanimously affirmed, without costs.

Pollack, Pollack, Isaac DeCicco, New York (Brian J. Isaac of counsel), for appellant.

Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York (Richard E. Lerner of counsel), for respondents.

Before: Mazzarelli, J.P., Marlow, Williams, Sweeny and Malone, JJ., concur.


Since the conduct, based on allegations of injuries resulting from physical therapy, "constitute[d] medical treatment or b[ore] a substantial relationship to the rendition of medical treatment" ( Bleiler v. Bodnar, 65 NY2d 65, 72; see also Levinson v. Health S. Manhattan, 17 AD3d 247), plaintiff's complaint sounded in malpractice and the action was properly dismissed as time-barred (CPLR 214-a).


Summaries of

Pattavina v. DiLorenzo

Appellate Division of the Supreme Court of New York, First Department
Feb 2, 2006
26 A.D.3d 167 (N.Y. App. Div. 2006)
Case details for

Pattavina v. DiLorenzo

Case Details

Full title:JOANNE PATTAVINA, Appellant, v. CHRISTINE DiLORENZO, P.T., Individually…

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

Date published: Feb 2, 2006

Citations

26 A.D.3d 167 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 691
807 N.Y.S.2d 564

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