Rybka v. New York City Health & Hospitals Corp.

—Order, Supreme Court, New York County (Karla Moskowitz, J.) entered January 15, 1998, which granted defendant New York City Health and Hospitals Corporation’s (HHC) motion for summary judgment dismissing the complaint on grounds that the action was untimely commenced, reversed, on the law, without costs, the motion denied, the complaint reinstated and the matter remanded for further proceedings.

In this medical malpractice action, plaintiff was treated at Bellevue Hospital through November 25, 1991, which commenced the one year and 90 day Statute of Limitations period within which the notice…