Tewari v. Tsoutsouras

*441OPINION OF THE COURT

Herbert A. Posner, J.

Like Phoenix, the bird of Greek mythology that rose from its ashes to fly again, the plaintiff, Phyllis Tewari, is attempting to resurrect her lawsuit. However, the defendant, Dr. Steven Tsoutsouras, is again moving to dismiss the case.

To avoid confusion, let us refer to this action as "Tewari Two” and the first action as "Tewari One”.

Tewari One was dismissed by the Appellate Division, Second Department, on December 12, 1988 (140 AD2d 104). Tewari Two was commenced on March 4, 1989 by service of a summons and an identical complaint under the aegis of…