Bartlett v. Gage

OPINION OF THE COURT

Joseph D. Mintz, J.

Defendants move to dismiss the complaint pursuant to CPLR 3211 (a) (5), that the action was not commenced within the Statute of Limitations for actions for medical malpractice under CPLR 214-a.

*319The following facts are not in dispute: The complaint alleges malpractice on or about the 8th day of December 1989, and continuous treatment until June 19, 1992. If the action was commenced on or before December 19, 1994, the action is not time barred. If the action was commenced after December 19, 1994, the action is time barred.

A summons with notice was filed in…