MacIntosh v. Bronzo

In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (DeMaro, J.), entered February 19, 2002, which granted the defendant’s motion pursuant to CPLR 3211(a) (5) to dismiss the complaint as barred by the statute of limitations.

Ordered that the order is affirmed, with costs.

In the original action between these parties, the Supreme Court dismissed the complaint based upon its conclusion that the plaintiff wilfully failed to comply with its orders. Rather than appeal the order of dismissal, the plaintiff…