Lambe v. Lenox Hill Hospital

Appellate Division of the Supreme Court of New York

Lambe v. Lenox Hill Hospital

116 A.D.3d 446, 982 N.Y.S.2d 766

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 3, 2014

StatusPublished

This text of 116 A.D.3d 446 (Lambe v. Lenox Hill Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lambe v. Lenox Hill Hospital, 116 A.D.3d 446, 982 N.Y.S.2d 766 (N.Y. Ct. App. 2014).

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Opinion

Order, Supreme Court, New York County (Richard F. Braun, J.), entered April 8, 2013, which granted defendant Lenox Hill Hospital’s motion to dismiss the complaint as against it, unanimously affirmed, without costs.

The time to commence this action against Lenox Hill Hospital for negligent handling of a claim for insurance coverage began to run in July 2005, when plaintiffs insurers denied the claim (see Lavandier v Landmark Ins. Co., 44 AD3d 501 [1st Dept 2007], lv denied 10 NY3d 713 [2008]). Since plaintiff did not commence this action until June 28, 2010, the action is untimely (see CELR 214 [4]). Plaintiff s contention that he was unaware of the denial of the insurance claim is belied by his admitted receipt of a “Final Notice” from the hospital in December 2005. Concur — Tom, J.E, Acosta, DeGrasse and Freedman, JJ.

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Order, Supreme Court, New York County (Richard F. Braun, J.), entered April 8, 2013, which granted defendant Lenox Hill Hospital’s motion to dismiss the complaint as against it, unanimously affirmed, without costs.

The time to commence this action against Lenox Hill Hospital for negligent handling of a claim for insurance coverage began to run in July 2005, when plaintiffs insurers denied the claim (see Lavandier v Landmark Ins. Co., 44 AD3d 501 [1st Dept 2007], lv denied 10 NY3d 713 [2008]). Since plaintiff did not commence this action until June 28, 2010, the action is untimely (see CELR 214 [4]). Plaintiff s contention that he was unaware of the denial of the insurance claim is belied by his admitted receipt of a “Final Notice” from the hospital in December 2005. Concur — Tom, J.E, Acosta, DeGrasse and Freedman, JJ.

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Bluebook (online)

116 A.D.3d 446, 982 N.Y.S.2d 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lambe-v-lenox-hill-hospital-nyappdiv-2014.

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