Nachbaur v. St. Luke's-Roosevelt Hospital Center

—Order, Supreme Court, New York County (Karla Moskowitz, J.), entered April 8, 1998, which granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

When applying a Statute of Limitations, courts look to the essence of the stated claim and not the label by which a plaintiff chooses to identify it (Meyer v Shearson Lehman Bros., 211 AD2d 541, 542-543). Plaintiff’s claims with respect to the two 1993 incidents are for battery, not medical malpractice, and, in any event, would be barred by the two and a half-year Statute of Limitations for medical…