Rodriguez v. Mount Sinai Hospital

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered July 11, 2011, which, to the extent appealed as limited by the briefs, upon converting defendant hospital’s motion to *535dismiss the medical malpractice claims as barred by the statute of limitations into a motion for summary judgment, granted the motion to the extent of dismissing all claims arising from the bilateral prophylactic mastectomy performed on November 20, 2001, unanimously affirmed, without costs.

Defendant met its burden on the motion by submitting evidence showing that plaintiffs claims relating to her mastectomy…