Opinion
2002-04609
Argued April 14, 2003.
May 12, 2003.
In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Kings County (Levine, J.), dated April 22, 2002, which granted the plaintiff's motion for leave to serve a late notice of claim.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F. X. Hart and Tahirih M. Sadrien of counsel), for appellant.
Fitzgerald Fitzgerald, P.C., Yonkers, N.Y. (John E. Fitzgerald, John M. Daly, Eugene S.R. Pagano, and Christopher J. Lennon of counsel), for respondent.
Before: SONDRA MILLER, J.P., GLORIA GOLDSTEIN, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is modified, on the law, by deleting the provision thereof granting the motion in its entirety, and substituting therefor a provision granting the motion insofar as it is predicated upon claims occurring on or after February 11, 1992; as so modified the order is affirmed, without costs or disbursements.
Contrary to the appellant's contentions, the plaintiff's claims are not time-barred insofar as they arise from acts of alleged malpractice occurring on or after February 11, 1992 (see Williams v. Howe, 297 A.D.2d 671; Hansson v. Madowitz, 292 A.D.2d 342; Pinna v. Larys, 284 A.D.2d 315; Corcia v. Rothberg, 279 A.D.2d 496; Smith v. Fields, 268 A.D.2d 579; Michaels-Daily v. Shamoian, 245 A.D.2d 430; Rivera v. Brookdale Hosp. Med. Ctr., 205 A.D.2d 677).
The parties' remaining contentions are without merit.
S. MILLER, J.P., GOLDSTEIN, COZIER and MASTRO, JJ., concur.