Appellate Division of the Supreme Court of the State of New York February 10, 2009 (Lettieri v. Allen)

Judgment, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered April 30, 2008, in an action for injuries allegedly sustained during surgery, dismissing the complaint pursuant to an order that granted defendants’ motion for leave to amend their answers to assert the affirmative defense of statute of limitations, and, upon amendment, to dismiss the complaint pursuant to CPLR 3211 (a)