Roque v. Metropolitan Hospital

Appellate Division of the Supreme Court of New York

Roque v. Metropolitan Hospital

292 A.D.2d 175, 738 N.Y.S.2d 201, 2002 N.Y. App. Div. LEXIS 2283

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

DecidedMarch 5, 2002

StatusPublished

This text of 292 A.D.2d 175 (Roque v. Metropolitan 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

Roque v. Metropolitan Hospital, 292 A.D.2d 175, 738 N.Y.S.2d 201, 2002 N.Y. App. Div. LEXIS 2283 (N.Y. Ct. App. 2002).

Pincite

Opinion

Order, Supreme Court, New York County (Joan Lobis, J.), entered December 18, 2000, which, in an action for wrongful death arising out of defendant New York City Health and Hospitals Corporation’s alleged medical malpractice, granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

Since plaintiffs decedent died in September 1996 and the action was not filed until March 1999, the motion court correctly dismissed the action as barred by the two-year Statute of Limitations applicable to wrongful death actions against defendant (Public Authorities Law § 2981; see, Baez v New York City Health & Hosps. Corp., 80 NY2d 571, 576 n). We note, as did the motion court, that plaintiff never filed a notice of claim (Public Authorities Law § 2980). Concur — Andrias, J.P., Saxe, Rosenberger, Wallach and Buckley, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Joan Lobis, J.), entered December 18, 2000, which, in an action for wrongful death arising out of defendant New York City Health and Hospitals Corporation’s alleged medical malpractice, granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

Since plaintiffs decedent died in September 1996 and the action was not filed until March 1999, the motion court correctly dismissed the action as barred by the two-year Statute of Limitations applicable to wrongful death actions against defendant (Public Authorities Law § 2981; see, Baez v New York City Health & Hosps. Corp., 80 NY2d 571, 576 n). We note, as did the motion court, that plaintiff never filed a notice of claim (Public Authorities Law § 2980). Concur — Andrias, J.P., Saxe, Rosenberger, Wallach and Buckley, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

292 A.D.2d 175, 738 N.Y.S.2d 201, 2002 N.Y. App. Div. LEXIS 2283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roque-v-metropolitan-hospital-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack