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MARKS v. MODE

2007-03455, 2007-09249.

2008 NY Slip Op 06195

LEA MARKS, appellant, v. LAWRENCE M. MODEL, ETC., respondent, ET AL., defendants (and a third-party action).

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

Decided July 8, 2008.

Attorney(s) appearing for the Case

Zaslav & Auerbach, P.C., New York, N.Y. (H. Gary Zaslav of counsel), for appellant.

Pilkington & Leggett, P.C., White Plains, N.Y. (Michael N. Romano of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., DANIEL D. ANGIOLILLO, RANDALL T. ENG, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

ORDERED that the appeal from the order dated March 29, 2007, is dismissed, as that order was superseded by the order dated August 24, 2007, in effect, made upon reargument; and it is further,

ORDERED that the order dated August 24, 2007, is affirmed insofar as appealed from; and it is further,

ORDERED that one bill of costs is awarded to the defendant Lawrence M. Model.

A medical malpractice cause of action accrues on...

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