Sobin v. Guarnaccia

Full title: SHEERA SOBIN et al., Appellants, v. VINCENT GUARNACCIA, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 16, 1998

256 A.D.2d 457 (N.Y. App. Div. 1998)

682 N.Y.S.2d 93

Opinion

December 16, 1998

Appeal from the Supreme Court, Nassau County (De Maro, J.).

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Court of Appeals has held that "the services provided by psychologists, however scientifically based they may be, are not `medical' services within the meaning of CPLR 214-a" ( Karasek v. LaJoie, 92 N.Y.2d 171, 177). Accordingly, the instant action, which was commenced more than 2 1/2 years but less than 3 years after the plaintiffs discontinued their treatment with the defendant, a licensed psychologist, is timely ( see, CPLR 214).

Rosenblatt, J. P., Santucci, Friedmann and McGinity, JJ., concur.