The plaintiff subsequently filed lawsuit against the defendant hospital, alleging negligence in failing to provide proper care and supervision. In his complaint and bill of particulars, the plaintiff asserted various claims sounding in ordinary negligence. It is reported that the defendant moved to dismiss the plaintiff’s claims under CPLR 3211(a)(5), arguing that all allegations were time-barred under the 2½-year statute of limitations applicable to medical malpractice claims. The plaintiff opposed the motion, contending that his claims were rooted in ordinary negligence, which is subject to three-year statute of limitations.
Syracuse Medical Malpractice and Personal Injury Lawyer Blog — Published by New York Personal Injury Attorneys — DeFrancisco & Falgiatano
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