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MATTER OF CLARK v. BETH ISRAEL MEDICAL CENTER

2711.

146 A.D.3d 495 (2017)

2017 NY Slip Op 00129

45 N.Y.S.3d 41

In the Matter of HUGUETTE CLARK, Deceased. PUBLIC ADMINISTRATOR OF NEW YORK COUNTY et al., Appellants-Respondents, v. BETH ISRAEL MEDICAL CENTER et al., Respondents, and MARK RUDICK et al., Respondents-Appellants, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 10, 2017.

It is well established that courts "look to the underlying claim and the nature of the relief sought to determine the applicable period of limitation" (Vigilant Ins. Co. of Am. v Housing Auth. of City of El Paso, Tex., 87 N.Y.2d 36, 41 [1995] [internal quotation marks omitted]). Here, the Rudicks contend that the allegations brought pursuant to SCPA 2103 are a claim for conversion, and petitioners have alleged unjust enrichment,...

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