Dunefsky v. Montefiore Hospital Medical Center

Order, Supreme Court, Bronx County (Jack Turret, J.), entered March 23, 1989, which granted defendants’ motion for summary judgment dismissing the action as time barred, unanimously modified, on the law, to reinstate the complaint to the extent that it sets forth a cause of action for medical malpractice resulting in pain and suffering, and otherwise affirmed, without costs.

Plaintiffs commenced this action after the expiration of the two-year Statute of Limitations for a wrongful death action, which by its own terms starts to run upon the death of the decedent (EPTL 5-4.1). The doctrine of…