Opinion
8826 Index 160555/14
03-28-2019
Susan KIM Also Known as Dosun Susan Kim, et al., Plaintiffs–Respondents, v. NEW YORK PRESBYTERIAN Also Known as the University Hospital of Columbia and Cornell Also Known as New York Presbyterian Columbia University Medical Center, et al., Defendants–Appellants.
Bartlett LLP, Mineola (Robert G. Vizza of counsel), for appellants. Fellows Hymowitz, P.C., New City (Samuel S. Coe of counsel), for respondents.
Bartlett LLP, Mineola (Robert G. Vizza of counsel), for appellants.
Fellows Hymowitz, P.C., New City (Samuel S. Coe of counsel), for respondents.
Renwick, J.P., Richter, Kapnick, Kahn, Oing, JJ.
Order, Supreme Court, New York County (Judith N. McMahon, J.), entered on or about February 16, 2018, which denied defendants' motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.Plaintiff alleges that defendants failed to properly assess her condition and the degree of her supervisory needs in the restroom, a claim sounding in medical malpractice, and her action, brought three years after her injuries, is therefore untimely ( Harrington v. St. Mary's Hosp. , 280 A.D.2d 912, 720 N.Y.S.2d 693 [4th Dept. 2001], lv denied 96 N.Y.2d 710, 727 N.Y.S.2d 696, 751 N.E.2d 944 [2001] ; Scott v. Uljanov , 74 N.Y.2d 673, 674–675, 543 N.Y.S.2d 369, 541 N.E.2d 398 [1989] ). Because the loss of consortium claim is derivative of the injured plaintiff's claim, that cause of action must also be dismissed as untimely ( Hazel v. Montefiore Med. Ctr. , 243 A.D.2d 344, 345, 663 N.Y.S.2d 165 [1st Dept. 1997] ; Kaisman v. Hernandez , 61 A.D.3d 565, 566, 878 N.Y.S.2d 305 [1st Dept. 2009] ).