In an action to recover damages for dental malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated May 12, 2006, which granted the defendant’s motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred and denied her cross motion, inter alia, for additional discovery, including the deposition of the defendant.
Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the defendant’s motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred, and substituting therefor a provision denying the motion, and (2) by deleting the provision thereof denying that branch of the plaintiffs cross motion which was for additional discovery, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed, with costs to the plaintiff.
“A defendant who seeks dismissal of a complaint pursuant to
Moreover, under the circumstances, the court should have granted that branch of the plaintiffs cross motion which was for additional discovery, including the deposition of the defendant.
The appellant’s remaining contentions are without merit. Miller, J.P., Mastro, Ritter and Balkin, JJ., concur.
