Szczesniak v. Cioczek
Opinion of the Court
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Jackson, J), entered October 12, 2007, which, upon an order of the same court dated August 6, 2007, granting the motion of the defendant Henryk Cioczek for summary judgment dismissing the complaint insofar as asserted against him and the separate motion of the defendants Naftoli Neuberger and Naftoli Neuberger, M.D., PC., for summary judgment dismissing the complaint insofar as asserted against them, is in favor of the defendants and against him dismissing the complaint with prejudice.
Ordered that the judgment is affirmed, with one bill of costs payable by the plaintiff to the defendants appearing separately and filing separate briefs.
A cause of action to recover damages for medical malpractice accrues on the date of the alleged act, omission, or failure complained of, and is subject to a 2V2-year statute of limitations (see CPLR 214-a; Young v New York City Health & Hosps. Corp., 91 NY2d 291, 295-296 [1998]; Nykorchuck v Henriques, 78 NY2d 255, 258-259 [1991]). Here, the defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiffs medical malpractice claims were time-barred (see CPLR 214-a). In opposition, the plaintiff failed to raise a triable issue of fact with respect to any defendant (see
Case-law data current through December 31, 2025. Source: CourtListener bulk data.