Legal Opinion
Mosey v. Erie County Medical Center Corp.
New York Supreme Court
Decided March 17, 2011Published
1Opinion of the Court
OPINION OF THE COURT
John M. Curran, J.
Before the court is defendant Erie County Medical Center Corporation’s (ECMC) motion to dismiss the complaint with prejudice pursuant to CPLR 3211 (a) (5) and Public Authorities Law §§ 2981 and 3641. ECMC argues that plaintiff has failed to serve a notice of claim within the statute of limitations and therefore the court is compelled to dismiss the complaint.
Background
Plaintiff alleges that ECMC committed medical malpractice and/or negligence in the treatment provided to decedent, Wendy Reardon, at ECMC between November 26, 2007 and December 26, 2007.…
2Cases cited10 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
- Loeb v. . WillisNew York Court of Appeals · 1885
- Newman v. NewmanAppellate Division of the Supreme Court of the State of New York · 1997
- Moshe v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 2008
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