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RHEA PEYKARIAN, ETC. res, v. YIN CHU CHIEN, ETC., ap

RHEA PEYKARIAN, ETC. res, v. YIN CHU CHIEN, ETC., ap — (INDEX NO. 15358/09)In an action to recover damages for medical malpractice and lack of informed consent, etc., the defendant appeals from an order of the Supreme Court, Kings County (Rosenberg, J.), dated June 27, 2011, which denied his motion pursuant to CPLR 3211(a)(5) to dismiss, as timebarred, so much of the complaint as was based upon alleged acts of medical malpractice and lack of informed consent committed prior to December 22, 2006, and for summary judgment dismissing, on the merits, so much of the complaint as was based upon alleged acts of medical malpractice and lack of informed consent committed on or after December 22, 2006, and his alternative application to direct the plaintiffs' expert witnesses to submit to a hearing pursuant to Frye v. United States (293 F 1013) and Parker v. Mobil Oil Corp. (7 NY3d 434).

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RHEA PEYKARIAN, ETC. res, v. YIN CHU CHIEN, ETC., ap — (INDEX NO. 15358/09)In an action to recover damages for medical malpractice and lack of informed consent, etc., the defendant appeals from an order of the Supreme Court, Kings County (Rosenberg, J.), dated June 27, 2011, which denied his motion pursuant to CPLR 3211(a)(5) to dismiss, as timebarred, so much of the complaint as was based upon alleged acts of medical malpractice and lack of informed consent committed prior to December 22, 2006, and for summary judgment dismissing, on the merits, so much of the complaint as was based upon alleged acts of medical malpractice and lack of informed consent committed on or after December 22, 2006, and his alternative application to direct the plaintiffs’ expert witnesses to submit to a hearing pursuant to Frye v. United States (293 F 1013) and Parker v. Mobil Oil Corp. (7 NY3d 434).

ORDERED that the appeal from so much of the order as denied the application to direct the plaintiffs’ expert witnesses to submit to a hearing pursuant to Frye v. United States (293 F 1013) and Parker v. Mobil Oil Corp. (7 NY3d 434) is dismissed (see Fontana v. LaRosa, 74 AD3d 1016); and it is further,

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