Roswick v. Mount Sinai Medical Center

*410Order, Supreme Court, New York County (Stanley L. Sklar, J.), entered November 4, 2004, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant showed that action was commenced more than three years subsequent to the alleged negligence and malpractice. Although plaintiff urges that he is entitled to the benefit of an estoppel preventing defendant from relying on the applicable statutes of limitations (see CPLR 214 [5]; 214-a) to obtain the action’s dismissal, he failed to make the requisite showing that he brought his…