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Simmons v. NY & Presbyt. Hosp.

Hospital's Treatment of Decedent Did Not Constitute Affirmative, Ongoing Treatment

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The following e-filed documents, listed by NYSCEF document number (Motion 003) 74, 75, 76, 77, 78, 79, 85, 86, 87 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION Upon the foregoing documents, defendants The New York and Presbyterian Hospital s/h/a The New York and Presbyterian Hospital and The New York-Presbyterian Hospital-Allen Hospital (“NYPH”), move to dismiss the plaintiff’s complaint, pursuant to CPLR §§3211(a)(5) and 214-a, on the ground that plaintiff’s medical malpractice claims relating to decedent’s hospitalization from August 28, 2015 through September 2, 2015, are time-barred, and should have been brought no later than March 2, 2018. Plaintiff’s decedent died on June 28, 2016. Plaintiff opposes the motion. The instant action was commenced on June 27, 2018, along with a document entitled “Certificate of Merit Medical or Dental Malpractice Action” which states that certification could not be timely obtained before the statute of limitations expired. The complaint sets forth five causes action. The first cause of action contains allegations of medical malpractice by the defendants, stating, in sum and substance, that the defendants were “negligent in the medical and/or surgical treatment rendered to the decedent,” and was “rendered in a manner which departed from good and accepted medical practice then and there prevailing and constituted professional medical malpractice” from August 28, 2015 through June 28, 2016 (Verified Complaint at

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