SOTO v. CLERK OF THE SUPREME COURT OF NEW YORK COUNTY


299 A.D.2d 155 (2002)

753 N.Y.S.2d 356

MELISSA SOTO, Appellant, v. CLERK OF THE SUPREME COURT OF NEW YORK COUNTY, Respondent. NEW YORK PRESBYTERIAN HOSPITAL, Intervenor-Respondent.

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

Decided November 7, 2002.


On appeal, petitioner abandons her argument that the four-month limitations period was tolled by her attorney's letter to the Clerk requesting him to reconsider his decision not to backdate the filing of the summons and complaint, and concedes that the proceeding is time-barred. Accordingly, petitioner's appeal from the order dismissing the proceeding as time-barred should be dismissed. Since a dismissal on statute of limitations grounds is "equivalent to a final disposition...

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