Cally v. New York Hospital Medical Center

In an action, inter alia, to recover damages for wrongful death *641and violation of the right of sepulcher, the plaintiffs appeal from an order of the Supreme Court, Queens County (Elliot, J.), dated June 10, 2004, which granted the motion of the defendants Medical Examiner of the City of New York and City of New York to dismiss the complaint insofar as asserted against them as time-barred.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs’ contention, the Supreme Court properly dismissed their causes of action against the Medical Examiner of the City of New York and the…