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KROWICKI v. ST. ELIZABETH HOSP.

113 A.D.2d 1023 (1985)

Thomas M. Krowicki, Individually and as Administrator of The Estate of Judith V. Krowicki, Deceased, Appellant, v. St. Elizabeth Hospital, et al., Respondents, et al., Defendants. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 27, 1985

Order and judgment unanimously affirmed, without costs.

Memorandum:

The second cause of action in the complaint is governed by the two-year period of limitation for the commencement of a wrongful death action (EPTL 5-4.1) and not by the 2½-year period applying to an action for medical malpractice (CPLR 214-a), notwithstanding the fact that the death allegedly resulted from medical malpractice (Morano v St. Francis Hosp., 100...

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