Torres v. New York City Health & Hospitals Corp.

— Order, Supreme Court, Bronx County (Herbert Shapiro, J.), entered October 28, 1991, which, in this action for wrongful death, dismissed the complaint as time-barred, unanimously affirmed, without costs.

We agree with the IAS Court that the action is untimely because it was not commenced within one year and 90 days of the alleged wrongful death (McKinney’s Uncons Laws of NY § 7401 [former (2)] [New York City Health and Hospitals Corporation Act § 20 (2); L 1969, ch 1016, § 1]). Contrary to plaintiffs’ claim on appeal, the applicable Statute of Limitations is not the two-year period…