Legal Opinion
Carrick v. Central General Hospital
New York Court of Appeals
Decided November 13, 1980PublishedCited by 147 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
When an action is dismissed for reasons other than a failure to prosecute or a fatal defect involving the merits of the underlying claim, CPLR 205 (subd [a]) permits the plaintiff to *246commence a new action within six months of the dismissal even though the action would otherwise be time-barred under the applicable period of limitations. In this case, we are called upon to consider whether this six-month extension is available to a plaintiff whose wrongful death action has been dismissed solely for want of a duly appointed administrator.
Plaintiff commenced the…
2Cases cited16 opinions
- Liff v. SchildkroutNew York Court of Appeals · 1980
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- Caffaro v. TraynaNew York Court of Appeals · 1974
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Ratka v. St. Francis HospitalNew York Court of Appeals · 1978
11 more not listed; retrieve them via the Exa API.
3Cited by147 opinions
- Markoff v. South Nassau Community HospitalNew York Court of Appeals · 1984
- Parker v. MackNew York Court of Appeals · 1984
- Hernandez v. New York City Health and Hospitals Corp.New York Court of Appeals · 1991
- Copeland v. SalomonNew York Court of Appeals · 1982
- Wells Fargo Bank, N.A. v. EitaniAppellate Division of the Supreme Court of the State of New York · 2017
142 more not listed; retrieve them via the Exa API.