Gilbert v Okawara
2005 NY Slip Op 03387 [17 AD3d 1033]
April 29, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 22, 2005


Russell Gilbert, Appellant, v Shige Okawara, M.D., Ph.D., Respondent.

[*1]Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), dated January 22, 2004 in a medical malpractice action. The order granted defendant's motion seeking summary judgment dismissing the complaint as time-barred.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Pigott, Jr., P.J., Hurlbutt, Martoche, Smith and Pine, JJ.