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TOLEDO v. MERCY HOSP.

5151/10

45 Misc.3d 973 (2014)

994 N.Y.S.2d 298

2014 NY Slip Op 24280

THERESA TOLEDO et al., Plaintiffs, v. MERCY HOSPITAL OF BUFFALO et al., Defendants.

Supreme Court, Erie County.

Decided September 24, 2014.

Attorney(s) appearing for the Case

Anspach Meeks Ellenberger, LLP ( Elizabeth M. Midgley of counsel) for defendants.

Magavern, Magavern & Grimm, LLP ( Theresa B. Quinn of counsel) for plaintiffs.

OPINION OF THE COURT

JOHN M. CURRAN, J.

Defendants have moved to dismiss the complaint pursuant to CPLR 3211 (a) (5) based upon the alleged expiration of the statute of limitations.

Background

Theresa Toledo (plaintiff), who was almost 75 years old, was admitted to Mercy Hospital on May 18, 2007 for heart surgery. According to the complaint, on May 23, 2007, while she was still a patient at the hospital, plaintiff slipped and fell on urine...

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