Lane v. City of New York

Full title: ERIC M. LANE, as Executor of MARTIN B. LANE, Deceased, et al., Appellants…

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

Date published: Mar 15, 1999

259 A.D.2d 596 (N.Y. App. Div. 1999)

686 N.Y.S.2d 782

Opinion

March 15, 1999

Appeal from the Supreme Court, Queens County (Taylor, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

Since the Statute of Limitations on a wrongful death cause of action had expired ( see, EPTL 5-4.1), the Supreme Court properly denied that branch of the plaintiffs' motion which was to amend the complaint to assert such a cause of action.

Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.