Safer v. Long Beach Medical Center

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered August 16, 2005, which denied defendants’ cross motions to dismiss the complaint as time-barred under CPLR 214-a, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly. Appeal from order, same court, Justice and entry date, which granted plaintiff’s motion to amend the complaint so as to add a cause of action for wrongful death, unanimously dismissed, without costs, as academic.

In the medical malpractice context, the application…