LaBOY v. CHILDREN'S HOSP. OF BUFFALO


249 A.D.2d 944 (1998)

672 N.Y.S.2d 183

Gina M. LaBoy, Individually and as Parent and Natural Guardian of Rocco L. Diaz, Deceased, Appellant, v. Children's Hospital of Buffalo et al., Respondents

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

April 29, 1998


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed this wrongful death action on the ground that plaintiff did not have the capacity to sue until the Statute of Limitations had expired. Plaintiff, who commenced this action individually and on behalf of her infant son, failed to obtain letters of administration until almost four years after commencement of the action and six years after her son's death (see, George...

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