Opinion
December 12, 1988
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The sole substantive issue raised by this appeal is whether the cause of action asserted against the defendant Westin sounds in negligence or medical malpractice, for it is conceded that if the action is one for medical malpractice, it is time barred. We agree with Justice Brucia's initial determination that the action asserted against Westin sounds in ordinary negligence, as the acts or omissions complained of do not involve "a matter of medical science or art requiring special skills not ordinarily possessed by lay persons" (Miller v Albany Med. Center Hosp., 94 A.D.2d 977, 978; accord, Papa v Brunswick Gen. Hosp., 132 A.D.2d 601). Accordingly, Westin is not entitled to dismissal of the complaint on Statute of Limitations grounds. Mollen, P.J., Thompson, Brown and Eiber, JJ., concur.