CANCEL v. POSNER

4565, 302316/07.

82 A.D.3d 575 (2011)

918 N.Y.S.2d 492

RAMON CANCEL, Appellant, v. JONATHAN POSNER et al., Respondents.

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

Decided March 22, 2011.


It is undisputed that the medical malpractice claim was viable on the date of decedent's death on June 12, 2006. Pursuant to CPLR 210 (a), plaintiff had until June 12, 2007 to bring the claim on decedent's behalf. Plaintiff did not commence this action until October 2007, four months after the expiration of the statute of limitations. We reject plaintiff's contention that the statute of limitations should have been tolled while his petition for letters of administration was...

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