BAZAKOS v. LEWIS


12 N.Y.3d 631 (2009)

LEWIS J. BAZAKOS, Respondent, v. PHILIP LEWIS, Appellant, et al., Defendants.

Court of Appeals of New York.

Decided June 24, 2009.


Attorney(s) appearing for the Case

Kopff, Nardelli & Dopf LLP, New York City (Peter C. Kopff and Martin B. Adams of counsel), for appellant.

Ralph A. Hummel, Woodbury, for respondent.

Judges CIPARICK, GRAFFEO and READ concur with Judge SMITH; Chief Judge LIPPMAN dissents and votes to affirm in a separate opinion in which Judges PIGOTT and JONES concur.


OPINION OF THE COURT

SMITH, J.

We hold that a claim against a doctor for his alleged negligence in performing an independent medical examination (IME) is a claim for malpractice, governed by CPLR 214-a's two-year-and-six-month statute of limitations.

I

Lewis Bazakos, plaintiff in this case, was also the plaintiff in a previously-brought action arising out of an automobile accident. In that...

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