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

306857/08. Appeal No. 14690. Case No. 2020-04021.

199 A.D.3d 566 (2021)

154 N.Y.S.3d 750

2021 NY Slip Op 06542

Cassandra Graves, Appellant, v. Brookdale University Hospital and Medical Center, Defendant, and Mohammad Rashid Chaudhry, MD, Respondent.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Lennox S. Hinds , New York, for appellant.

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

Concur—Kern, J.P., Gesmer, González, Shulman, Higgitt, JJ.

Defendant met his burden of showing that the 2016 action was commenced seven years after the applicable statute of limitations, thus establishing his prima facie right to summary judgment. In response, plaintiff failed to raise an issue of fact as to whether the statute of limitations was inapplicable as to Dr. Chaudhry (see generally Wilson v Southampton Urgent Med. Care, P.C., 112 A.D.3d 499

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