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MANKO v. MANNOR

1720, 1721, 109296/07

68 A.D.3d 497 (2009)

2009 NY Slip Op 9149

889 N.Y.S.2d 448

NELLA MANKO, Appellant, v. DANA MANNOR et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 10, 2009.

The alleged medical malpractice occurred in 2002 and the action was not commenced until July 2007, which was well beyond the 2½-year statute of limitations (CPLR 214-a). Additionally, the complaint failed to state a cause of action against defendant Strauss (see DiMitri v Monsouri, 302 A.D.2d 420 [2003]), and the claims against Mannor, Lubin and Tikotsky are barred by the doctrine of res judicata in light of our 2008 ruling...

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