February 10, 2021

Appellate practice.

Plaintiff's argument that the limitations period should have been tolled until she was granted letters of administration was not properly before the Appellate Division, because it was raised for the first time on reargument/renewal and was not based on new facts or a change in the law. In any event, the limitations period is not tolled during the pendency of a petition for letters of administration.

Xenias v. Mount Sinai Health Sys. Inc., NY Slip Op 00648 (1st Dep't February 4, 2021)

Here is the decision.