Legal Opinion · Dissent
Rybka v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
Decided July 22, 1999Published
1DissentSaxe, J.
I would affirm the dismissal of the action. The one year and 90 day Statute of Limitations applicable to this malpractice action (General Municipal Law § 50-i; McKinney’s Uncons Laws of NY § 7401 [2] [New York City Health and Hospitals Corporation Act § 20 (2); L 1969, ch 1016, § 1, as amended]) expired before plaintiffs took the steps necessary to successfully commence the action. Moreover, jurisdiction was not properly obtained over defendant.
It is undisputed that just before expiration of the Statute of Limitations, plaintiffs (1) served defendant with the summons and complaint containing…
2Cases cited7 opinions
- Gershel v. PorrNew York Court of Appeals · 1996
- Giblin v. Nassau County Medical CenterNew York Court of Appeals · 1984
- Barchet v. New York City Transit AuthorityNew York Court of Appeals · 1967
- Vetrone v. MackinAppellate Division of the Supreme Court of the State of New York · 1995
- Ruiz v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
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