Winant v. Freund

In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated July 11, 1988, which granted the plaintiff’s motion to dismiss the first *682and second affirmative defenses of the defendant’s verified answer asserting the defense of the Statute of Limitations.

Ordered that the order is affirmed, with costs.

Contrary to the defendant’s contention, the Supreme Court properly dismissed the Statute of Limitations defenses set forth in his verified answer on the ground that this action was timely commenced under the…