Appellate Division of the Supreme Court of the State of New York October 30, 2007 (Manko v. Lenox Hill Hospital)

In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Steinhardt, J.), dated February 17, 2006, which, in effect, granted that branch of the defendant’s motion which was pursuant to CPLR 3126 to strike the complaint and dismiss the action.