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ORTIZ v. HERTZ CORP.

212 A.D.2d 374 (1995)

622 N.Y.S.2d 260

Maria C. Ortiz, Appellant, v. Hertz Corporation et al., Respondents

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

February 7, 1995

The IAS Court properly dismissed the complaint in the underlying wrongful death action, which was commenced more than three and one-half years after the date of the decedent's death, as barred by the applicable statute of limitations set forth in EPTL 5-4.1, which requires that a wrongful death action must be commenced within two years from the date of death since the record reveals that plaintiff, as the natural mother and legal...

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