Wesolowski v. St. Francis Hospital

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Adams, J.), entered April 11, 2012, which granted the defendant’s motion pursuant to CFLR 3211 (a) (5) to dismiss the complaint as time-barred.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion is denied.

On August 12, 2005, the plaintiffs’ decedent, then 89 years old, was a patient at the defendant, St. Francis Hospital, when, after getting out of bed in a “confused state,” he began walking through the hallway. The decedent’s…