Foley v. New York Blood Center, Inc.

Order, Supreme Court, New York County (Elliott Wilk, J.), entered on or about September 7, 1999, which, in an action alleging that plaintiff was transfused with HIV-infected blood during cardiac bypass surgery performed at defendant hospital, granted plaintiffs motion to *43reargue a prior order, entered on or about February 1, 1999, granting defendant’s post-answer motion to dismiss the complaint as time-barred under CPLR 214-c, and, upon reargument, denied the motion with leave to renew upon proper papers, including an amended answer affirmatively pleading CPLR 214-c as a defense, unanimously affirmed, without costs.

Defendant’s motion to dismiss on the ground of CPLR 214-c was properly denied without prejudice where defendant had served an answer that pleaded only CPLR 214, not CPLR 214-c, as a time bar (see, CPLR 3211 [e]). Concur — Rosenberger, J. P., Williams, Andrias, Buckley and Friedman, JJ.