Kramer v. Herrera, 188 A.D.2d 1038 (N.Y. App. Div. 1992). · Go Syfert
Kramer v. Herrera, 188 A.D.2d 1038 (N.Y. App. Div. 1992). Cases Citing This Book View Copy Cite
4 citation events across 3 distinct courts.
Retrieving the full opinion text from the archive…
Jeanette E. Kramer
v.
Henry R. Herrera
Appellate Division of the Supreme Court of the State of New York.
Dec 30, 1992.
188 A.D.2d 1038
1992 N.Y. App. Div. LEXIS 14894
Cited by 3 opinions  |  Published

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in finding that plaintiff’s

[*1039] complaint alleging medical malpractice was not time-barred on the ground that plaintiff was entitled to the benefit of the six-month extension period granted by CPLR 205. Plaintiff’s prior action for false arrest and malicious prosecution was dismissed as time-barred pursuant to the one-year Statute of Limitations (CPLR 215 [3]). We affirmed that ruling (Kramer v Herrera, 176 AD2d 1241). Since the timely commencement of the prior action is a condition precedent to the invocation of CPLR 205 (a), plaintiff cannot obtain the benefit of the six-month extension (see, Markoff v South Nassau Community Hosp., 61 NY2d 283, 288). Without benefit of that extension, plaintiff’s action for medical malpractice is time-barred by the 2Vi-year Statute of Limitations set forth in CPLR 214-a. (Appeal from Order of Supreme Court, Monroe County, Galloway, J. — Dismiss Complaint.) Present — Callahan, J. P., Pine, Lawton, Boehm and Davis, JJ.