SANTANA v. ST. VINCENT CATHOLIC MEDICAL CENTER OF NEW YORK


65 A.D.3d 1119 (2009)

886 N.Y.S.2d 57

PEDRO SANTANA, Respondent, v. ST. VINCENT CATHOLIC MEDICAL CENTER OF NEW YORK, Appellant.

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

Decided September 15, 2009.


Ordered that the order is reversed, on the law, with costs, and the motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred is granted.

On November 19, 2002, the plaintiff's decedent, a 73-year-old cancer patient at the defendant St. Vincent Catholic Medical Center of New York (hereinafter the defendant), allegedly was injured when he fell from his hospital bed. In September 2005, after the decedent's death, the plaintiff commenced this action...

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