Opinion
2013-07953, Index No. 70156/12.
09-23-2015
KUO CHAO, etc., respondent, v. WESTCHESTER MEDICAL CENTER ADVANCED PHYSICIANS SERVICES, P.C., et al., appellants, et al., defendants.
Garfunkel Wild, P.C., Great Neck, N.Y. (Michael J. Keane of counsel), for appellants. Harris Beach, PLLC, White Plains, N.Y. (Darius Chafizadeh of counsel), for respondent.
Garfunkel Wild, P.C., Great Neck, N.Y. (Michael J. Keane of counsel), for appellants.
Harris Beach, PLLC, White Plains, N.Y. (Darius Chafizadeh of counsel), for respondent.
Opinion
In an action, inter alia, to recover damages for tortious interference with contract and breach of contract, the defendants Westchester Medical Center Advanced Physician Services, P.C., Chitti Moorthy, and Zvi Lefkowitz appeal from an order of the Supreme Court, Westchester County (O. Bellantoni, J.), dated July 8, 2013, which denied their motion pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied that branch of the motion of the defendants Westchester Medical Center Advanced Physician Services, P.C., Chitti Moorthy, and Zvi Lefkowitz (hereinafter collectively the appellants) which was to dismiss the first six causes of action insofar as asserted against them, sounding in tort, as time-barred (CPLR 3211[a][5] ). In opposition to the appellants' prima facie showing in support of that branch of their motion (see Beroza v. Sallah Law Firm, P.C., 126 A.D.3d 742, 742, 5 N.Y.S.3d 297 ), the plaintiff demonstrated that there was a question of fact as to whether those causes of action were time-barred (see id.; Griffin v. Perrotti, 121 A.D.3d 1041, 1041–1042, 996 N.Y.S.2d 66 ). Moreover, to the extent that the appellants contend for the first time on appeal that those causes of action are time-barred because they accrued before December 7, 2012, their contentions are not properly before this Court (see Ferdico v. Pabone, 125 A.D.3d 718, 719, 4 N.Y.S.3d 88 ).
The appellants' remaining contentions are without merit.
BALKIN, J.P., AUSTIN, SGROI and LaSALLE, JJ., concur.