Lenny v. Loehmann

Order, Supreme Court, Bronx County, entered March 11, 1980, denying *814defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 5), is reversed, on the law, and the motion to dismiss the complaint is granted, and the complaint is dismissed, without costs. The issue in this case is whether the two- and one-half year Statute of Limitations for medical malpractice cases (CPLR 214-a) or the three-year limitation for negligence actions (CPLR 214) is applicable. In our view the two- and one-half year medical malpractice statute is the applicable statute. It is here claimed that…