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BARAHONA v. LONG ISLAND AMBULATORY SURGERY CTR., L.L.C.

647, 805268/13.

137 A.D.3d 679 (2016)

27 N.Y.S.3d 374

2016 NY Slip Op 02302

DEBORA BARAHONA, Respondent, v. LONG ISLAND AMBULATORY SURGERY CENTER, L.L.C., et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 29, 2016.

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...

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