Manko v Mannor

Manko v Mannor 2009 NY Slip Op 09149 [68 AD3d 497] December 10, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Nella Manko, Appellant,
v
Dana Mannor et al., Respondents, et al., Defendants.

—[*1] Nella Manko, appellant pro se.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Elliott J. Zucker of counsel), for Dana Mannor, Matthew Lubin, Alan Tikotsky and David Follett, respondents.

Kaufman Borgeest & Ryan LLP, Valhalla (Tracey A. Reiser of counsel), for Elton Strauss, respondent.

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.

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 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 [2008], lv denied 13 NY3d 704 [2009]) affirming the dismissal of a similarly belated earlier action against those defendants. [*2]

We have considered plaintiff's remaining arguments, and find them unavailing. Concur—Gonzalez, P.J., Friedman, McGuire, DeGrasse and Manzanet-Daniels, JJ.