Barahona v. Long Island Ambulatory Surgery Center, L.L.C.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about August 11, 2014, which, inter alia, granted defendants’ motions to dismiss the complaint without prejudice to the commencement of a new action within six months, pursuant to CPLR 205 (a), upon plaintiff’s receipt of permanent letters of administration, unanimously affirmed, without costs.

Plaintiff timely commenced this action, providing notice of the claim to defendants before the statue of limitations ran, and the dismissal was not on the merits but because of the lack of proper letters of administration,…