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DUVAL v. CENTERLIGHT HEALTH SYS., INC.

Index No. 24017/18E. Appeal No. 12672. M-3432. Case No. 2019-1644.

189 A.D.3d 576 (2020)

134 N.Y.S.3d 180

2020 NY Slip Op 07668

Geraldine Duval, as Administratrix of the Estate of Geralde Duval, Deceased, Appellant, v. Centerlight Health Systems, Inc., et al., Respondents.

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

Rosenbaum & Rosenbaum, P.C., New York ( Matthew T. Gammons of counsel), for appellant.

Sheeley LLP, New York ( Jon D. Lichtenstein of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Oing, Moulton, JJ.

Plaintiff's action was correctly dismissed as untimely. Her prior action was dismissed for neglect to prosecute, so she cannot avail herself of the six-month period in CPLR 205(a) (see Andrea v Arnone, Hedin, Casker, Kennedy & Drake, Architects & Landscape Architects, P.C. [Habiterra Assoc.], 5 N.Y.3d 514, 520 [2005]; Weisman, Celler, Spett & Modlin v Fischbach LLC,...

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