Cracolici v. Barkagan

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered August 1, 2013, which granted defendants’ motion to dismiss the complaint and denied plaintiffs’ cross motion for leave to amend the complaint, unanimously affirmed, without costs.

In this action for, among other things, fraud, plaintiff Vincent Cracolici alleges that defendants knowingly and fraudulently concealed the existence of medical malpractice committed by Dr. Simon Barkagan, in the performance of urological surgery in August 1995, and that, as a result, he failed to commence a medical malpractice claim within the…