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MOSEY v. ERIE COUNTY MEDICAL CENTER CORPORATION

4111/10

32 Misc.3d 240 (2011)

920 N.Y.S.2d 612

2011 NY Slip Op 21099

ACEA M. MOSEY, as Public Administrator of the Estate of WENDY L. REARDON, Deceased, Plaintiff, v. ERIE COUNTY MEDICAL CENTER CORPORATION, Defendant.

Supreme Court, Erie County.

Decided March 17, 2011.

Attorney(s) appearing for the Case

Roach, Brown, McCarthy & Gruber, P.C. ( Joel J. Java, Jr. , of counsel), for defendant. Lipsitz Green Scime Cambria LLP ( Michele A. Braun of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. CURRAN, J.

Before the court is defendant Erie County Medical Center Corporation's (ECMC) motion to dismiss the complaint with prejudice pursuant to CPLR 3211 (a) (5) and Public Authorities Law §§ 2981 and 3641. ECMC argues that plaintiff has failed to serve a notice of claim within the statute of limitations and therefore the court is compelled to dismiss the complaint.

Background

Plaintiff alleges...

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