Opinion
January 16, 1996
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Ordered that the appeal from the order dated May 10, 1994, is dismissed, as that order was superseded by the order dated June 29, 1994, made upon reargument; and it is further,
Ordered that the order dated June 29, 1994, is affirmed insofar as appealed from; and it is further,
Ordered that the respondents are awarded one bill of costs.
The allegations contained in the plaintiffs' first cause of action, incorporated by reference into the fifth cause of action, are broad enough to encompass the theory that the defendant Clifford D. Murray, a physician, negligently "manipulated" or "massaged" the body of the plaintiff Barbara Pratt, who was his patient, in a manner inconsistent with accepted medical practice. Under these, and all of the other circumstances presented in the record, we cannot conclude as a matter of law that a one-year Statute of Limitations (CPLR 215) rather than a two-and-one-half-year Statute of Limitations (CPLR 214-a) should be applied so as to warrant pre-answer dismissal of the first and fifth causes of action (CPLR 3211 [a] [5]; see generally, Hammer v. Rosen 7 N.Y.2d 376; Mullany v. Eiseman, 125 A.D.2d 457; Perkins v. Katz, 81 A.D.2d 763; cf., Deborah S.S. v Yogesh N.G., 175 Wis.2d 436, 499 N.W.2d 272). Bracken, J.P., Altman, Hart and Goldstein, JJ., concur.