Lambe v Lenox Hill Hosp.
2014 NY Slip Op 02339 [116 AD3d 446]
April 3, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 28, 2014


Michael Lambe, Appellant,
v
Lenox Hill Hospital, Respondent, et al., Defendants.

—[*1]

Silver & Silver, LLP, New York (Herbert J. Silver of counsel), for appellant.

Law Office of Andy S. Oh, PLLC, Forest Hills (Andy S. Oh of counsel), for respondent.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered April 8, 2013, which granted defendant Lenox Hill Hospital's motion to dismiss the complaint as against it, unanimously affirmed, without costs.

The time to commence this action against Lenox Hill Hospital for negligent handling of a claim for insurance coverage began to run in July 2005, when plaintiff's insurers denied the claim (see Lavandier v Landmark Ins. Co., 44 AD3d 501 [1st Dept 2007], lv denied 10 NY3d 713 [2008]). Since plaintiff did not commence this action until June 28, 2010, the action is untimely (see CPLR 214 [4]). Plaintiff's contention that he was unaware of the denial of the insurance claim is belied by his admitted receipt of a "Final Notice" from the hospital in December 2005. Concur—Tom, J.P., Acosta, DeGrasse and Freedman, JJ.