Stulberger v. Bellucci

—In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Levitt, J.), dated June 26, 1997, which, upon an order granting the motion of the defendant Steven Rothbaum to dismiss the complaint insofar as asserted against him as time-barred, dismissed the complaint insofar as asserted against that defendant.

Ordered that the judgment is affirmed, with costs.

The plaintiff commenced the instant action by the filing of a summons and complaint on October 19, 1994. Although the other defendants were timely served, and proof of…