Kramer v. Herrera

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in finding that plaintiff’s

*1039complaint alleging medical malpractice was not time-barred on the ground that plaintiff was entitled to the benefit of the six-month extension period granted by CPLR 205. Plaintiff’s prior action for false arrest and malicious prosecution was dismissed as time-barred pursuant to the one-year Statute of Limitations (CPLR 215 [3]). We affirmed that ruling (Kramer v Herrera, 176 AD2d 1241). Since the timely commencement of the prior action is a…