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LASTELLA v. ST. JOSEPH'S HOSP.

2021-08908. Index No. 58227/21.

219 A.D.3d 1421 (2023)

196 N.Y.S.3d 162

2023 NY Slip Op 04663

Louisa Lastella, as Administrator of the Estate of Ramon Vargas, Deceased, Appellant, v. St. Joseph's Hospital, Respondent, et al., Defendant.

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

Decided September 20, 2023.

Attorney(s) appearing for the Case

Becker & D'Agostino, P.C., New York, NY ( Nancy I. Margolin of counsel), for appellant.

Collins, Fitzpatrick & Schoene, LLP, White Plains, NY ( Ralph Schoene of counsel), for respondent.

Dillon, J.P., Brathwaite Nelson, Miller and Maltese, JJ., concur.

In an action, inter alia, to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Westchester County (Linda S. Jamieson, J.), dated October 29, 2021. The order granted the motion of the defendant St. Joseph's Hospital pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against it as time-barred.

Ordered that the order is affirmed, with costs.

In June 2021, the plaintiff commenced...

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