Opinion
2014-04-3
Michael LAMBE, Plaintiff–Appellant, v. LENOX HILL HOSPITAL, Defendant–Respondent, Hayt, Hayt & Landau, LLP, et al., Defendants.
Silver & Silver, LLP, New York (Herbert J. Silver of counsel), for appellant. Law Office of Andy S. Oh, PLLC, Forest Hills (Andy S. Oh of counsel), for respondent.
Silver & Silver, LLP, New York (Herbert J. Silver of counsel), for appellant. Law Office of Andy S. Oh, PLLC, Forest Hills (Andy S. Oh of counsel), for respondent.
Order, Supreme Court, New York County (Richard F. Braun, J.), entered April 8, 2013, which granted defendant Lenox Hill Hospital's motion to dismiss the complaint as against it, unanimously affirmed, without costs.
The time to commence this action against Lenox Hill Hospital for negligent handling of a claim for insurance coverage began to run in July 2005, when plaintiff's insurers denied the claim ( see Lavandier v. Landmark Ins. Co., 44 A.D.3d 501, 844 N.Y.S.2d 23 [1st Dept.2007],lv. denied10 N.Y.3d 713, 861 N.Y.S.2d 273, 891 N.E.2d 308 [2008] ). Since plaintiff did not commence this action until June 28, 2010, the action is untimely ( seeCPLR 214[4] ). Plaintiff's contention that he was unaware of the denial of the insurance claim is belied by his admitted receipt of a “Final Notice” from the hospital in December 2005. TOM, J.P., ACOSTA, DeGRASSE, FREEDMAN, JJ., concur.