HADDAD v. MUIR

2019-13444. Index No. 506528/19.

215 A.D.3d 641 (2023)

186 N.Y.S.3d 669

2023 NY Slip Op 01780

Esther Haddad, as Administrator of the Estate of Mona Daniella Haddad, Deceased, Appellant, v. Owen Muir, M.D., et al., Respondents, et al., Defendants.

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

Decided April 5, 2023.


Attorney(s) appearing for the Case

Mitev Law Firm, P.C., Stony Brook, NY ( Vesselin Mitev of counsel), for appellant.

Bartlett LLP, Garden City, NY ( Robert Devine of counsel), for respondents.

Barros, J.P., Rivera, Genovesi and Taylor, JJ., concur.


In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Marsha L. Steinhardt, J.), dated October 21, 2019. The order, insofar as appealed from, granted that branch of the motion of the defendants Owen Muir, Carlene MacMillan, and Brooklyn Minds Psychiatry, P.C., which was pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against them as time-barred.

Ordered that the order...

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