Maimonides Medical Center v. Ostreicher

OPINION OF THE COURT

Victor I. Barron, J.

Third-party defendant, Commissioner of Social Services, in lieu of answering, moves for an order pursuant to CPLR 3211 (a), dismissing the third-party complaint on the grounds that the court lacks subject matter jurisdiction, that the action is barred by the Statute of Limitations, that the defendants/ third-party plaintiffs, David and Brenda Ostreicher, have not exhausted their administrative remedies, that they have failed to file a notice of claim, and failed to join an indispensable party.

Defendants/third-party plaintiffs (David and Brenda) oppose…