Legal Opinion

Hernandez v. New York City Health and Hospitals Corp.

New York Court of Appeals

Decided December 23, 1991PublishedCited by 67 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

In this wrongful death action, the complaint was served after expiration of the one-year 90-day Statute of Limitations then applicable to claims against the New York City Health *689and Hospitals Corporation. The action was dismissed as untimely by the trial court and reinstated by the Appellate Division. This appeal requires us to determine whether the Statute of Limitations was tolled by the infancy of the sole distributee of decedent’s estate.

I

In March 1987, Laura Morales — the decedent — was admitted to North Central Bronx Hospital, a facility owned and operated by…

2Cases cited24 opinions

  1. Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
  2. Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
  3. Carrick v. Central General HospitalNew York Court of Appeals · 1980
  4. George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
  5. Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900

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3Cited by67 opinions

  1. Ely-Cruikshank Co. v. Bank of MontrealNew York Court of Appeals · 1993
  2. Henry v. City of New YorkNew York Court of Appeals · 1999
  3. Baez v. New York City Health & Hospitals Corp.New York Court of Appeals · 1992
  4. Atchison v. Great Western Malting Co.Washington Supreme Court · 2007
  5. Atchison v. Great Western Malting Co.Washington Supreme Court · 2007

62 more not listed; retrieve them via the Exa API.

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