Jaffe v. New York Hospital

—Order, Supreme Court, New York County (Karla Moskowitz, J.), entered October 29, 1996, denying defendant’s motion for summary judgment, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

In 1980, the infant plaintiff was treated at defendant hospital, at which time he tested positive for H. influenza meningitis and septic arthritis. Plaintiffs 1991 action raising medical malpractice claims alleging a failure to diagnose and treat meningitis was dismissed for failure to bring the…