| Manko v Mannor |
| 2008 NY Slip Op 08192 [55 AD3d 471] |
| October 28, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Nella Manko, Appellant, v Dana Mannor et al., Respondents, et al., Defendants. |
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Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Elliot J. Zucker of counsel), for
Dana Mannor, Alan Tikotsky, L.H. Radiologists, P.C. and Matthew Lubin, respondents.
Garson DeCorato & Cohen, LLP, New York (Anna R. Schwartz of counsel), for Lenox Hill
Hospital, respondent.
Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered March 22, 2007, which, in an action for medical malpractice, granted defendants' motions to dismiss the complaint as time-barred, and dismissed as moot plaintiff's cross motions for, inter alia, further discovery and a stay of the action, unanimously affirmed, without costs.
Dismissal of the complaint was properly granted since the alleged malpractice occurred in 2002 and the action was not commenced until September 2006, which was well beyond the 2½-year statute of limitations (see CPLR 214-a).
We have considered plaintiff's remaining arguments, including that the relation back and continuous treatment doctrines preclude dismissal of the complaint, and find them unavailing. Concur—Tom, J.P., Williams, Catterson and Moskowitz, JJ.