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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46933 Justice Targum DEFENDANT PHYSICAL therapist moved for dismissal of plaintiff’s action alleging negligent performance of physical therapy, arguing that plaintiff’s claim was for medical malpractice, rather than negligence, and thus required a certificate of merit pursuant to Civil Practice Law and Rules �3012-a. The court denied dismissal. Guided by CPLR �3012-a(g) the court ordered both parties to provide expert disclosure to the other. Despite observing that Censki v. Madison Avenue Physical Therapy held that physical therapists are not physicians, the court noted that the sole issue was dismissal due to plaintiff’s failure to provide a certificate of merit required in medical malpractice actions. The court determined that dismissal was inappropriate, finding that plaintiff’s pleadings were sufficiently particular to give the court and parties notice of the transactions and occurrences intended to be proved and the material elements of each cause of action.

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