Scribner v. Harvey

—Order unanimously modified on the law and as modified affirmed with costs to plaintiffs in accordance with the following Memorandum: Supreme Court erred in granting that portion of defendants’ motion for partial summary judgment that sought to dismiss as untimely the first cause of action and the related loss of consortium claim. On September 20, 1995, plaintiffs commenced this action, alleging medical malpractice arising from defendants’ treatment of Sheri Delyn Barstow (plaintiff) from February 1991 through May 1993. Plaintiffs asserted that defendants’ treatment of plaintiff for…