Cancel v. Posner

It is undisputed that the medical malpractice claim was viable on the date of decedent’s death on June 12, 2006. Pursuant to CPLR 210 (a), plaintiff had until June 12, 2007 to bring the claim on decedent’s behalf. Plaintiff did not commence this action until October 2007, four months after the expiration of the statute of limitations. We reject plaintiffs contention that the statute of limitations should have been tolled while his" petition for letters of administration was pending in the Surrogate’s Court (see Wilson v New York City Health & Hosps. Corp., 36 AD3d 902, 903 [2007]). Plaintiff…