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Manko v. Mannor

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 10, 2009

DR. NELLA MANKO, PLAINTIFF-APPELLANT,
v.
DANA MANNOR, ET AL., DEFENDANTS-RESPONDENTS,
LENOX HILL HOSPITAL, ETC., ET AL., DEFENDANTS.

Orders, Supreme Court, New York County (Alice Schlesinger, J.), entered February 15, 2008, which granted the motions to dismiss the complaint as against the individually named defendants, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Friedman, McGuire, DeGrasse, Manzanet-Daniels, JJ.

109296/07

The alleged medical malpractice occurred in 2002 and the action was not commenced until July 2007, which was well beyond the 21/2-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 AD2d 420 [2003]), and the claims against Mannor, Lubin and Tikotsky are barred by the doctrine of res judicata in light of our 2008 ruling (Manko v Mannor, 55 AD3d 471, lv denied 13 NY3d 704) affirming the dismissal of a similarly belated earlier action against those defendants.

We have considered plaintiff's remaining arguments, and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091210

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