Mendelson v. Clarkstown Medical Associates, P. C.

—In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal from an order of the Supreme Court, Rockland County (Weiner, J.), dated June 10, 1999, which granted the defendants’ motion for summary judgment dismissing the complaint as barred by the Statute of Limitations, and denied their cross motion to dismiss the affirmative defense of the Statute of Limitations.

Ordered that the order is affirmed, with costs.

The plaintiffs’ contention that the action sounded in simple negligence rather than medical malpractice, and is therefore subject to the three-year…