Opinion
June 27, 1995
Appeal from the Supreme Court, Bronx County (Alan Saks, J.).
Any acts of medical malpractice committed more than two years and six months before the commencement of the action were clearly part of a course of treatment that began several months before and continued at least through the surgery of which plaintiff particularly complains, and which was performed less than two years and six months before the commencement of this action (CPLR 214-a). Under the circumstances, defendant's Statute of Limitations defense against any pre-surgery acts of malpractice is frivolous, and sanctions were properly imposed in an appropriate amount.
Concur — Murphy, P.J., Ellerin, Wallach, Rubin and Tom, JJ.