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MENDELSON v. CLARKSTOWN MEDICAL ASSOCIATES, P. C.

271 A.D.2d 584 (2000)

707 N.Y.S.2d 638

ERIC MENDELSON et al., Appellants, v. CLARKSTOWN MEDICAL ASSOCIATES, P. C., et al., Respondents.

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

Decided April 17, 2000.

Ordered that the order is affirmed, with costs.

The plaintiffs' contention that the action sounded in simple negligence rather than medical malpractice, and is therefore subject to the three-year Statute of Limitations of CPLR 214, is without merit. In determining whether an action sounds in medical malpractice or in simple negligence for purposes of determining the applicable Statute of Limitations, the critical factor is the nature of the duty owed to the plaintiff...

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