Zaccoli v. McGinn

—In an action, inter alia, to recover damages for medical malpractice and wrongful death, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated April 27, 1998, which granted the defendants’ motion to dismiss the action as time-barred.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the plaintiffs’ *557cause of action to recover damages for wrongful death was untimely since it was not asserted within two years after the decedent’s death (see, EPTL 5-4.1 [1]).

Similarly, the court correctly concluded that the…