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CARRICK v. CENT. GEN HOSP.

51 N.Y.2d 242 (1980)

Clara Carrick, Individually and as Administratrix of The Estate of William Carrick, Deceased, and as Natural Guardian of His Minor Issue, Appellant, v. Central General Hospital et al., Respondents.

Court of Appeals of the State of New York.

Decided November 13, 1980.

Attorney(s) appearing for the Case

Robert D. Becker and Michael D'Agostino for appellant.

Howard S. Davis and Barry M. Hoffman for Central General Hospital, respondent.

John H. Nelson for Dr. Ali Koprenska, respondent.

Chief Judge COOKE and Judges JASEN, JONES and WACHTLER concur with Judge GABRIELLI; Judge FUCHSBERG concurs in a separate opinion; Judge MEYER concurs for the reasons stated in the last paragraph of the dissenting opinion in Jones v State of New York ().

GABRIELLI, J.

When an action is dismissed for reasons other than a failure to prosecute or a fatal defect involving the merits of the underlying claim, CPLR 205 (subd [a]) permits the plaintiff to commence a new action within six months of the dismissal even though the action would otherwise be time-barred under the applicable period of limitations. In this case, we...

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