| Estrella v Montefiore Med. Ctr. |
| 2021 NY Slip Op 00491 [190 AD3d 638] |
| January 28, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jennifer Estrella, Appellant, v Montefiore Medical Center, Respondent, et al., Defendants. |
The Law Office of Arnold E. DiJoseph, P.C., New York (Arnold E. DiJoseph of counsel), for appellant.
Widowski Law Group LLP, New York (Esther S. Widowski of counsel), for respondent.
Order, Supreme Court, Bronx County (George J. Silver), entered March 18, 2020, which, to the extent appealed from as limited by the briefs, granted the motion of defendant Montefiore Medical Center (Montefiore) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Supreme Court properly dismissed plaintiff's action against Montefiore on the ground that
her claims based on her October 4, 2012 emergency room visit, during which a lesion on her
liver was detected during a CT scan, are barred by the 2
Plaintiff's remaining argument is moot given that on appeal she does not challenge the dismissal of her claims against defendant Ared Garan, M.D., as time-barred. In any event, there is no evidence in the record to establish the requisite nexus between Dr. Garan and Montefiore to impute his treatment of plaintiff for the purpose of extending the statute of limitations against Montefiore (see Meath v Mishrick, 68 NY2d 992, 994 [1986]). Concur—Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.