Susan Kim also known as Dosun Susan Kim, et al., Plaintiffs–Respondents, v. New York Presbyterian also known as the University Hospital of Columbia and Cornell also known as New York Presbyterian Columbia University Medical Center, et al., Defendants–Appellants. (2019)

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Order, Supreme Court, New York County (Judith N. McMahon, J.), entered on or about February 16, 2018, which denied defendants' motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion granted.  The Clerk is directed to enter judgment accordingly.

Plaintiff alleges that defendants failed to properly assess her condition and the degree of her supervisory needs in the restroom, a claim sounding in medical malpractice, and her action, brought three years after her injuries, is thereforeuntimely (Harrington v. St. Mary's Hosp., 280 A.D.2d 912 [4th Dept 2001], lv denied 96 N.Y.2d 710 [2001];  Scott v. Uljanov, 74 N.Y.2d 673, 674–675 [1989] ).  Because the loss of consortium claim is derivative of the injured plaintiff's claim, that cause of action must also be dismissed as untimely (Hazel v. Montefiore Med. Ctr., 243 A.D.2d 344, 345 [1st Dept 1997];  Kaisman v. Hernandez, 61 AD3d 565, 566 [1st Dept 2009] ).

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CLERK