Barlow v. Harlem Hospital Center

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered October 27, 1997, which denied defendants’ motion for summary judgment dismissing the complaint as untimely, unanimously reversed, on the law, without costs, defendants’ motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint.

Since, pursuant to CPLR 208, plaintiff was required to commence this action by February 2, 1993 and the action was commenced instead on February 9, 1993, the action was untimely and must be dismissed. That section…