Holic v. Chabot

—Order insofar as appealed from unanimously reversed on the law without costs, motion denied, second affirmative defense reinstated, cross motion granted and complaint dismissed. Memorandum: In this medical malpractice action, plaintiffs moved to strike defendant’s affirmative defense that the action is barred by the Statute of Limitations (CPLR 214-a), and for imposition of sanctions based on defendant’s assertion of that allegedly frivolous defense. Defendant cross-moved to dismiss the complaint based on that affirmative defense. Supreme Court granted the motion in part, dismissing that…