Baptiste v. Doe
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Since plaintiffs filing of this action was untimely, it was a nullity, “and there was no service period to extend” (Gonzalez v *437New York City Health & Hosps. Corp., 29 AD3d 369, 370 [2006]; Croce v City of New York, 69 AD3d 488 [2010]). In the absence of an action pending against them, defendants’ own tardiness in moving to “dismiss” did not constitute a waiver of the statute of limitations defense (see CPLR 3211 [e]).
We have considered plaintiffs remaining arguments and find them unavailing. Concur — Friedman, J.E, Catterson, Moskowitz, Freedman and Abdus-Salaam, JJ.
2Cases cited2 opinions
- Gonzalez v. New York City Health & Hospital Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Croce v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by2 opinions
- Singh v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Singh v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2013