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MESSINA v. MATARASSO

284 A.D.2d 32 (2001)

729 N.Y.S.2d 4

WANDA MESSINA, Appellant-Respondent, v. ALAN MATARASSO, M.D., F.A.C.S., P. C., et al., Respondents-Appellants.

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

July 12, 2001.

Attorney(s) appearing for the Case

Lita Beth Torres of counsel, New York City (Steven G. Storch on the brief; Storch Amini & Munves, P. C., attorneys), for appellant-respondent.

Nancy A. Breslow of counsel, New York City (Martin, Clearwater & Bell, attorneys), for respondents-appellants.

MAZZARELLI, ELLERIN, LERNER and BUCKLEY, JJ., concur.

OPINION OF THE COURT

SULLIVAN, P. J.

This appeal presents the issue of whether this action, which seeks damages for the negligent performance of a medical procedure, allegedly conducted without plaintiff's authorization or informed consent, sounds in battery, subject to a one-year Statute of Limitations (CPLR 215 [3]), or medical malpractice, subject to a 2½-year Statute of Limitations (CPLR 214-a)....

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