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RUSSELL KIKENBORG v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

291 A.D.2d 281 (2002)

738 N.Y.S.2d 37

SUSANNE B. RUSSELL KIKENBORG, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents.

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

Decided February 14, 2002.

The motion court, in granting defendants' motion to dismiss the complaint, properly determined that plaintiff's claims for wrongful death by reason of medical malpractice were barred by the one year and 90-day statute of limitations applicable to wrongful death actions against Health and Hospitals Corporation defendants at the time of the accrual of plaintiff's claims (see, McKinney's Uncons Laws of NY § 7401 [New York City Health and Hospitals Corporation Act...

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