Petrillo v. Leather

In an action to recover damages for personal injuries, the defendant Alfio Raciti appeals from an order of the Supreme Court, Orange County (Owen, J.), dated December 20, 1996, which denied his motion pursuant to CPLR 3211 (a) (5) to dismiss the plaintiffs amended complaint insofar as asserted against him as time-barred.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the amended complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

In February 1992 the appellant performed surgery on the…