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JAMIE LEVINSON, Appellant, v. HEALTH SOUTH MANHATTAN et al., Respondents.

Since the conduct, based on allegations of damage resulting from physical therapy, "constitutes medical treatment or bears a substantial relationship to the rendition of medical treatment" ( Bleiler v. Bodnar, 65 NY2d 65, 72), these allegations sounded in malpractice, and the action was untimely commenced (CPLR 214-a). The malpractice statute of limitations applies to the use of electrical stimulation employed here by the therapist, since the use of that instrumentality constituted an integral part of the rendering of professional medical treatment ( see Scott v. Uljanov, 74 NY2d 673).

We have considered plaintiff's remaining arguments and find them without merit.

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LEVINSON v. HEALTH SOUTH MANHATTAN
(Apr 21, 2005)