Appellate Division of the Supreme Court of New York, 2011

Baptiste v. Doe

Appellate Division of the Supreme Court of New York · Decided November 1, 2011

89 A.D.3d 436; 931 N.Y.2d 868

Cases that cite this one

2 later published cases cite this decision.

Singh v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2013)
Singh v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2013)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Since plaintiffs filing of this action was untimely, it was a nullity, “and there was no service period to extend” (Gonzalez v *437New York City Health & Hosps. Corp., 29 AD3d 369, 370 [2006]; Croce v City of New York, 69 AD3d 488 [2010]). In the absence of an action pending against them, defendants’ own tardiness in moving to “dismiss” did not constitute a waiver of the statute of limitations defense (see CPLR 3211 [e]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Friedman, J.E, Catterson, Moskowitz, Freedman and Abdus-Salaam, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.