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ESTRELLA v. EAST TREMONT MEDICAL CENTER

Index No. 28030/18E. Appeal No. 13634. Case No. 2020-03688.

193 A.D.3d 567 (2021)

142 N.Y.S.3d 802

2021 NY Slip Op 02451

Reinaldo Estrella, Appellant, v. East Tremont Medical Center et al., Respondents.

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

Decided April 22, 2021.

Attorney(s) appearing for the Case

Manuel D. Gomez , New York, for appellant.

Heidell, Pittoni, Murphy & Bach, LLP, New York ( Daniel S. Ratner of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.

As defendants concede, reversal is warranted in light of Fortune v New York City Health & Hosps. Corp. (193 A.D.3d 138 [1st Dept 2021]), in which we held that there is no automatic dismissal of an action under CPLR 3012-a for failure to timely file a certificate of merit.

Contrary to defendants' contention, the motion court properly determined that the action was within the statute of limitations pursuant to CPLR 205(a). The prior action had been dismissed...

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