From Casetext: Smarter Legal Research

Rasmussen v. Nassau County Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1992
181 A.D.2d 679 (N.Y. App. Div. 1992)

Opinion

March 2, 1992

Appeal from the Supreme Court, Nassau County (Roncallo, J.).


Ordered that the order is reversed, on the law, with costs, and the application is denied.

Gerard Rasmussen died on October 12, 1988, while a patient at the Nassau County Medical Center. On January 12, 1990, the plaintiff was appointed administrator of Gerard Rasmussen's estate. Thereafter, in early April 1990 the plaintiff served a notice of claim alleging wrongful death by reason of medical malpractice, and, simultaneously, moved for leave to serve a late notice of claim for the decedent's conscious pain and suffering. The wrongful death notice of claim was timely because it was served within 90 days of the plaintiff's receipt of letters of administration (see, General Municipal Law § 50-e [a]; Chattergoon v New York City Hous. Auth., 161 A.D.2d 141, affd 78 N.Y.2d 958). However, the application for leave to serve a late notice of claim with respect to pain and suffering was not, as it was made more than one year and 90 days after Gerard Rasmussen's death, that is, after expiration of the Statute of Limitations. Therefore, the court lacked the power to permit late service (Pierson v City of New York, 56 N.Y.2d 950; Bourguignon v City of New York, 157 A.D.2d 644). Thompson, J.P., Sullivan, Harwood and Balletta, JJ., concur.


Summaries of

Rasmussen v. Nassau County Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1992
181 A.D.2d 679 (N.Y. App. Div. 1992)
Case details for

Rasmussen v. Nassau County Medical Center

Case Details

Full title:In the Matter of ARTHUR RASMUSSEN, Respondent, v. NASSAU COUNTY MEDICAL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 2, 1992

Citations

181 A.D.2d 679 (N.Y. App. Div. 1992)
580 N.Y.S.2d 786

Citing Cases

Macias v. City of New York

Ordered that the order as amended is modified, on the law, (1) by deleting the provision thereof granting the…