RATKA v. ST. FRANCIS HOSP.


44 N.Y.2d 604 (1978)

John F. Ratka, as Administrator of The Estate of Edward H. Ratka, Deceased, Appellant, v. St. Francis Hospital et al., Defendants, and Albert I. White et al., Respondents.

Court of Appeals of the State of New York.

Decided June 13, 1978.


Attorney(s) appearing for the Case

Robert J. Lackaye for appellant.

Lawrence T. D'Aloise Jr., and Gerald Nolan for Albert I. White and another, respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


COOKE, J.

Based on express legislative enactments and a considerable body of decisional law which has developed through the years, as well as sound public policy considerations, there is no choice but to apply the two-year Statute of Limitations incorporated into the statute creating wrongful death actions by the Legislature.

On May 6, 1972, Edward H. Ratka, after having undergone surgery, died at St...

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