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XENIAS v. MOUNT SINAI HEALTH SYSTEM INC.

Index No. 100960/16. Appeal No. 13039-13039A. Case No. 2019-2725, 2019-21169.

191 A.D.3d 454 (2021)

142 N.Y.S.3d 2

2021 NY Slip Op 00648

Anastasia Xenias, as Administrator of the Estate of Mike S. Xenias, Deceased, Appellant, v. Mount Sinai Health System Inc. et al., Respondents.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Anastasia Xenias, PhD, appellant pro se.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for Mount Sinai Health System Inc., The Roosevelt Hospital and The St. Lukes' Roosevelt Hospital Center, respondents.

Heidell, Pittoni, Murphy & Bach, LLP, New York ( Daniel S. Ratner of counsel), for Lenox Hill Hospital and Northwell Health Inc., respondents.

Concur—Gische, J.P., Kapnick, Mazzarelli, Moulton, JJ.

The action was correctly dismissed on the ground that all of plaintiff's claims are time-barred. The two-year statute of limitations for the wrongful death claim expired before the complaint was filed (see EPTL 5-4.1). Plaintiff's remaining allegations are best characterized as asserting a claim for medical malpractice and therefore subject to a 2½-year statute of limitations, which also expired (see CPLR 214-a).

Plaintiff does not meaningfully...

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