Matter of Torres v. N.Y. City Hlt. Hosp

Full title: In the Matter of CARLOS TORRES et al., Appellants, v. NEW YORK CITY HEALTH…

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

Date published: Sep 22, 1992

186 A.D.2d 60 (N.Y. App. Div. 1992)

588 N.Y.S.2d 145

Opinion

September 22, 1992

Appeal from the Supreme Court, Bronx County (Herbert Shapiro, J.).

We agree with the IAS Court that the action is untimely because it was not commenced within one year and 90 days of the alleged wrongful death (McKinney's Uncons Laws of N.Y. § 7401 [former (2)] [New York City Health and Hospitals Corporation Act § 20 (2); L 1969, ch 1016, § 1]). Contrary to plaintiffs' claim on appeal, the applicable Statute of Limitations is not the two-year period established by section 122 of chapter 804 of the Laws of 1990, the cause of action having accrued before the effective date of that enactment, the effect of which is clearly prospective. Nor is there merit to plaintiffs' argument that the Statute was tolled (Alouette Fashions v Consolidated Edison Co., 119 A.D.2d 481, affd 69 N.Y.2d 787).

Concur — Sullivan, J.P., Carro, Milonas, Wallach and Kupferman, JJ.