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REID v. ST. LUKE'S-ROOSEVELT HOSP. CTR.

300405/13. Appeal No. 13136. Case No. 2019-03449.

191 A.D.3d 545 (2021)

138 N.Y.S.3d 342

2021 NY Slip Op 01016

Glenn Reid, as Administrator of the Estate of William Reid, Deceased, Respondent-Appellant, v. St. Luke's-Roosevelt Hospital Center, Appellant-Respondent, et al., Defendant.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, White Plains ( Samantha E. Quinn of counsel), for appellant-respondent.

Shayne, Dachs, Jonathan A. Dachs , New York, for respondent-appellant.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Kennedy, JJ.

Defendant contends that plaintiff's claims are untimely. It is undisputed that the claims are untimely if the one-year statute of limitations for intentional tort claims is applied, but timely if the two-year statute of limitations for wrongful death claims or the three-year statute of limitations for negligence or statutory violation claims is applied (see CPLR 214[2], [5]; 215[3]; EPTL 5-4.1[1]; Havell v Islam, 292 A.D.2d 210

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