Appellate Division of the Supreme Court of the State of New York June 22, 1998 (Kutsak v. Herschitz)

—In an action to recover damages for medical malpractice, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated May 29, 1997, as granted that branch of the motion of the defendant Izak Herschitz which was for summary judgment dismissing all causes of action insofar as asserted against him that were based upon treatment rendered prior to December 3,