Playford v. Phelps Memorial Hospital Center

*797OPINION OF THE COURT

Peter P. Rosato, J.

Motion brought on by defendant wherein defendant seeks to dismiss the instant action pursuant to CPLR 3211 (a) (5); 214 and 214-a, as time barred. Alternatively, defendant seeks summary judgment pursuant to CPLR 3212.

As defendant acknowledges, the instant case appears to raise an issue of first impression in this State, namely, as to when the Statute of Limitations begins to run, and as to which Statute of Limitations is applicable, in the context of defendant’s allegedly having mistakenly given plaintiff someone else’s HIV test results back-in November…