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  5. 78 N.Y.2d 687 (1991)
 

HERNANDEZ v. NYCHHC

78 N.Y.2d 687 (1991)

Magali Hernandez, as Administratrix of The Estate of Laura Morales, Deceased, Respondent, v. New York City Health and Hospitals Corporation, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 23, 1991.

Attorney(s) appearing for the Case

Victor A. Kovner, Corporation Counsel (Fred Kolikoff and Larry A. Sonnenshein of counsel), for appellant.

Philip Hoffer and Rose L. Hoffer for respondent.

Judges SIMONS, HANCOCK, JR., and BELLACOSA concur with Judge KAYE; Judge ALEXANDER dissents and votes to reverse in separate opinion in which Chief Judge WACHTLER and Judge TITONE concur.

KAYE, J.

In this wrongful death action, the complaint was served after expiration of the one-year 90-day Statute of Limitations then applicable to claims against the New York City Health and Hospitals Corporation. The action was dismissed as untimely by the trial court and reinstated by the Appellate Division. This appeal requires us to determine whether the Statute...

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