GRAVES v. BROOKDALE UNIV. HOSP. & MED. CTR.

10428. 306857/08.

177 A.D.3d 553 (2019)

114 N.Y.S.3d 53

2019 NY Slip Op 08511

Gregory Graves, as Administrator of the Estate of Lovely Graves, Deceased, Appellant, v. Brookdale University Hospital and Medical Center et al., Defendants, and David Tavdy, Respondent.

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

Decided November 21, 2019.


The court properly dismissed the complaint as against Tavdy as time-barred (CPLR 214-a). The statute of limitations on the medical malpractice cause of action began to run on October 30, 2006, when plaintiff was appointed the decedent's guardian, and expired in April 2009, and the subject action was not commenced until October 2016. Moreover, since the statute of limitations on the malpractice action expired before the decedent's death and the wrongful death action was predicated...

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