ROQUE v. METROPOLITAN HOSPITAL


292 A.D.2d 175 (2002)

738 N.Y.S.2d 201

ISABEL C. ROQUE, Appellant, v. METROPOLITAN HOSPITAL, Respondent.

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

Decided March 5, 2002.


Since plaintiff's decedent died in September 1996 and the action was not filed until March 1999, the motion court correctly dismissed the action as barred by the two-year Statute of Limitations applicable to wrongful death actions against defendant (Public Authorities Law § 2981; see, Baez v New York City Health & Hosps. Corp., 80 N.Y.2d 571, 576 n). We note, as did the motion court, that plaintiff never filed a notice of...

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