Arthur Goldenberg v. Westchester County Health Care Corporation, Also Known as Westchester County Medical Center

Summary

The New York Court of Appeals affirmed the dismissal of Goldenberg’s malpractice action, holding that CPLR 2001, as amended in 2007, does not permit a trial court to excuse a plaintiff’s complete failure to file a summons and complaint within the limitations period, and that the defendant’s affirmative defenses were timely raised and not waived.