LaBoy v. Children's Hospital of Buffalo

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed this wrongful death action on the ground that plaintiff did not have the capacity to sue until thé Statute of Limitations had expired. Plaintiff, who commenced this action individually and on behalf of her infant son, failed to obtain letters of administration until almost four years, after commencement of the action and six years after her son’s death (see, George v Mt. Sinai Hosp., 47 NY2d 170, 176-177; Ratka v St. Francis Hosp., 44 NY2d 604; Goldberg v Camp Mikan-Recro, 42 NY2d 1029).

The court also…