Scivoli v. Levit

In an action to recover damages for fraud, negligent misrepresentation, negligent supervision, and negligent hiring, the defendant appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated January 11, 2007, which denied his motion to dismiss the complaint pursuant to CFLR 3211 (a) (5) and (7).

Ordered that the order is affirmed, with costs.

The defendant failed to establish the existence of a physician-patient relationship which would give rise to a medical malprac*668tice cause of action so as to avail the defendant of the benefit of the 2V2 year statute of limitation provided…