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ADAMS v. PILARTE

Index No. 310425/11E. Appeal No. 15753. Case No. 2021-01809.

204 A.D.3d 529 (2022)

165 N.Y.S.3d 276

2022 NY Slip Op 02615

Sarah Adams, an Incapacitated Person by her Legal Guardian, Yanixa Rosado, et al., Respondents, v. Juan J. Pilarte, M.D., Defendant, The Bronx Lebanon Hospital Center, Appellant, and Montefiore Medical Center, Respondent.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Aaronson Rappaport Feinstein & Deutsch, LLP, New York ( Elliott J. Zucker , of counsel) for appellant.

Rheingold Giuffra Ruffo & Plotkin LLP, New York ( Jeremy A. Hellman of counsel), for Sarah Adams and Yanixa Rosado, respondents.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains ( Milan P. Spisek , of counsel) for Montefiore Medical Center, respondent.

Concur—Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, JJ.

Plaintiffs' claims against Montefiore are governed by the Federal Tort Claims Act (FTCA) (28 USC § 1346[b][1]; see Osborn v Haley, 549 U.S. 225, 243 [2007]). Federal courts have exclusive jurisdiction over claims brought under the FTCA, and this action had previously been removed to federal court under 28 USC § 2679(d)(2). Thus, the motion court properly dismissed the action against Montefiore under CPLR 3211(a) (2) and (5...

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