MARKOFF v. CMTY. HOSP.


61 N.Y.2d 283 (1984)

Ruth Markoff, Individually and as Executrix of Milton Markoff, Deceased, Appellant, v. South Nassau Community Hospital, Defendant, and Marilyn R. Eckstein et al., Respondents.

Court of Appeals of the State of New York.

Decided February 21, 1984.


Attorney(s) appearing for the Case

Stephen A. Weingrad for appellant.

Steven J. Ahmuty, Jr., for respondents.

Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur; Judge MEYER taking no part.


Chief Judge COOKE.

When an action that has been timely commenced is later dismissed, CPLR 205 (subd [a]) provides that, even if the Statute of Limitations has or will run, a new action may be commenced within six months of the termination, except if the dismissal was on the merits, for failure to prosecute, or by voluntary discontinuance. An action will not be deemed "commenced," however, until there has been...

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