MISSED THE GOVERNING "WINDOW PERIOD"
Even though he asserted medical malpractice and negligence claims against the New York City Health & Hospitals Corp., and Bellevue Hospital, the New York County Supreme Court ended up denying G.A.’s application to file a late notice of claim because the request was untimely.
On appeal, the Appellate Division, First Department, noted that the governing statute of limitations was a year and ninety days, and that G.A. was required to file his case within that “window period.” Because he came to court seeking relief after that statutory period had expired, the AD1agreed that the claim was "time-barred" and that G.A.’s request had been appropriately denied.
While he also asserted that he was seeking relief predicated upon a “wrongful death” theory, the AD1 noted that his pleadings did not expressly allege such a cause of action nor did they provide that “the decedent's estate had distributees who could have suffered pecuniary loss by reason of her death.”
Given those deficiencies, the AD1 “unanimously affirmed” the underlying denial.
Seems like that’s dead.
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DECISION