Jackson v. Coler-Goldwater Specialty Hospitals & Nursing Facility

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered October 25, 2004, which granted defendants’ motion to dismiss the complaint for failure to serve a notice of claim and as barred by the statute of limitations, and denied plaintiffs cross motion for, inter alia, leave to serve a late notice of claim, unanimously reversed, on the law, without costs, the motion denied and the cross motion granted to the extent of remanding the matter for an evidentiary hearing to determine plaintiffs mental capacity during the limitations period.

As defendants concede, the parties’ conflicting…