BARAHONA v. LONG IS. AMBULATORY SURGERY CTR., L.L.C., 137 A.D.3d 679 (2016)
Court: Supreme Court of New York
Number: innyco20160329300
Visitors: 5
Filed: Mar. 29, 2016
Latest Update: Mar. 29, 2016
Summary: 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, which plaintiff was in the process of obtaining ( see Carmenate v City of New York, 59 A.D.3d 162 [1st Dept 2009]). We have considered defendants' remaining arguments and find them unavailing.
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, which plaintiff was in the process of obtaining (see Carmenate v City of New York, 59 A.D.3d 162 [1st Dept 2009]).
We have considered defendants' remaining arguments and find them unavailing.
Source: Leagle
