Brown v. Rochester General Hospital

Appeal from an order of Supreme Court, Monroe County (Frazee, J.), entered August 2, 1999, which granted defendants’ motion to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly granted defendants’ motion to dismiss the complaint in this medical malpractice action as time barred pursuant to CPLR 214-a. In opposition to the motion, plaintiff alleged that the insanity toll set forth in CPLR 208 applied to him based on mental disabilities that rendered him unable to protect his…