Doe v. Belmare

OPINION OF THE COURT

Lawrence Knipel, J.

In this action brought to recover damages the court is confronted with an issue of first impression, namely whether the one-year-and-90-day statute of limitations contained in section 7401 of McKinney’s Unconsolidated Laws of NY (New York City Health and Hospitals Corporation Act § 20, as added by L 1969, ch 1016, § 1, as amended) or the three-year statute of CPLR 214 applies to actions asserting a violation of article 27-F of the Public Health Law, which affords confidentiality protection for HIV related information. Defendants New York City Health and…