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ANTOINE v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

46 A.D.3d 726 (2007)

847 N.Y.S.2d 482

PATRICIA L. ANTOINE, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents, et al., Defendants.

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

Decided December 18, 2007.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly granted the respondents' motion to dismiss, as time-barred, the causes of action alleging the decedent's conscious pain and suffering and lack of informed consent insofar as asserted against them. Those causes of action were interposed after expiration of the applicable 1-year-and-90-day statute of limitations of McKinney's Unconsolidated Laws of NY § 7401 (2) (see Pietrowski v City...

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