Thaw v. Onyebeke

—In an action, inter alia, to recover damages for medical malpractice, the defendant William Onyebeke appeals from an order of the Supreme Court, Suffolk County (Seidell, J.), dated July 20, 2001, which, in effect, granted the plaintiffs’ motion to strike the third affirmative defense in his verified answer and for leave to serve a late notice of claim, and denied his cross motion for summary judgment dismissing the complaint insofar as asserted against him for failure to comply with General Municipal Law § 50-e.

Ordered that the order is modified by deleting the provision thereof granting…