NACHBAUR v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER


263 A.D.2d 361 (1999)

694 N.Y.S.2d 24

EDWIN NACHBAUR, Appellant, v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided July 1, 1999.


When applying a Statute of Limitations, courts look to the essence of the stated claim and not the label by which a plaintiff chooses to identify it (Meyer v Shearson Lehman Bros., 211 A.D.2d 541, 542-543). Plaintiff's claims with respect to the two 1993 incidents are for battery, not medical malpractice, and, in any event, would be barred by the two and a half-year Statute of Limitations for medical malpractice. With respect to...

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