Yovane v. White Plains Hospital Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The decedent died on May 21, 1992. The plaintiff commenced this action against White Plains Hospital Center on November 8, 1993. The plaintiff later commenced a separate action against the defendant Dr. Gabrielle Bolton on August 19, 1994, which was ultimately consolidated with the action against the hospital.
We agree with the Supreme Court that the wrongful death *437cause of action against Dr. Bolton is time-barred. This claim was not interposed within two years of the decedent’s death (see, EPTL 5-4.1), Dr. Bolton was not named as a defendant in the prior action against the hospital commenced…
2Cases cited6 opinions
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- Buran v. CoupalNew York Court of Appeals · 1995
- Brock v. BuaAppellate Division of the Supreme Court of the State of New York · 1981
- Mondello v. New York Blood CenterNew York Court of Appeals · 1992
- Virelli v. Goodson-Todman Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 1989
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