Nembard v. Brookdale Hospital Medical Center

OPINION OF THE COURT

Theodore Diamond, J.

Defendants cross-move to strike the complaint for failure to comply with disclosure requests. The motion is granted, unless plaintiff complies with the demand for authorization, requests by letter and notice of discovery and inspection — or explains in writing why she cannot — by September 30, 1982. The real issue follows.

Defendants’ second affirmative defense is that the case was not commenced within 30 months, as required by CPLR 214-a. Plaintiff moves to strike this defense, because she is not claiming “malpractice” by the hospital, but merely…