[U] Shulman V. East River Medical Imaging Associates

In this medical malpractice action, commenced on August 20, 2002, alleging a failure to timely diagnose breast cancer, which was ultimately diagnosed in the Spring of 2000, defendant East River Medical Imaging Associates, P.C. ("East River"), which performed mammograms and sonograms on plaintiff, moves for an order pursuant to CPLR §§ 3211 (a)(5) and 3212 dismissing the action as to it on the grounds that all acts of malpractice accruing before February 20, 2000 are time-barred, and there was no malpractice with respect to the mammogram and sonogram of March 29, 2000 which resulted in the recommendation for a biopsy which led to the diagnosis of breast cancer in plaintiff Tamara Shulman's right breast.