SCHOTTIN v. UL HAQUE

Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting the motion of defendant Dr. Haque dismissing the medical malpractice action on the ground of the Statute of Limitations. Defense counsel specifically withdrew that affirmative defense in a letter to plaintiff's counsel. No reason has been given why that withdrawal should not be honored. Since the waiver occurred subsequent to the accrual of plaintiff's cause of action, it was valid (see, Kassner Co. v. City of New York, 46 N.Y.2d 544, 551-552).