Deadline Dash
Jenny wants to sue Northwell Health for medical malpractice that occurred on November 14, 2024. Does she still have time to file suit?
YES, she has until 5/14/2027 (2 years 6 months after date of injury)
What are examples of two documents that need to be served at the time of filing the S&C?
1. Notice of Electronic Filing
2. Medicaid CPLR 306-C Notice
What document do defendants have 30-days to file after service of S&C?
Defendant Answers
An inmate broke his arm after an altercation with a correctional officer when he was being restrained. Does this meet threshold?
NO, injuries not large enough
Ideally, when should an OCA retainer be filed?
After filing the Summons + Complaint
Greta had cancer symptoms and went to Mt. Sinai West on April 1, 2025 but was not diagnosed properly; she eventually dies from cancer on May 7, 2026. What are the deadlines we should be aware of?
WD – May 7, 2028 (2 years after DOD)
MM – Likely October 1, 2027 (2 years 6 months after DOI)
Follow earlier deadline to cover both!
How long after service of S&C do you have to file the AOS? (State and Federal)
State – 120 Days
Federal – 90 Days
What we file 60-days after the Defendant answers?
NMP w/ RJI
A father of 3 lost his leg as a result of a below-the-knee amputation caused by delay in diagnosis of blood clot on May 4, 2025.
DUH, this is practically the Staten case. SOL still intact as well.
At what step in the process do you add a case to e-track?
After filing NMP w/ RJI
James is an inmate at Fishkill CF who was found dead in his cell on June 17, 2026. What are the deadlines we should be aware of?
NOI – 9/15/2026 (90 days after incident)
SOL – 6/17/2028 (2 years after incident)
What do you attach as exhibits to NMP?
Exhibit A – Exchange of AZs
Exhibit B – Any Filings to the case
What do we wait for after we file NMP w/ RJI?
PC Date
An employee was fired from her job after speaking out about a partner in senior management who is making inappropriate comments.
Worth calling, while it is typically not something our office would handle due to employment suit, potentially worth a referral to Alex.
You should email Rhonda when _____ is filed so she can update her spreadsheet
NOTE OF ISSUE
Alex is an inmate at FMC Carswell who is filing an SF-95 related to an incident on March 15, 2025. What are the deadline(s) we should be aware of?
SF-95 Deadline – March 15, 2027 (2 years from DOI)
How Long to File Suit? - Trick question: would depend on when the SF-95 is REJECTED. If no rejection within 6 months, then considered constructive denial.
Filing THIS document triggers the assignment of a Judge to the case
RJI
When is the Note of Issue Due?
Whenever the Judge explicitly grants permission.
A woman w/ 7 children learned on January 3, 2024 that she had Stage IV cancer that her doctor did not diagnose in time. Does this meet threshold?
NO (more than 2.5 years ago)
THIS needs to be served on defense prior to the PC date
BPs & initial discovery responses and demands
Angela was paralyzed during a spinal surgery at Coney Island Hospital on April 1, 2025. What are the deadline(s) we should be aware of?
TRICK – Coney Island Hospital is a CITY OWNED facility, so NOC applies
NOC – June 30, 2025
SOL – June 30, 2026
Filing THIS document symbolizes that all discovery is complete and the case is ready to progress to trial.
NOTE OF ISSUE
After Note of Issue, what happens?
PRE TRIAL CONFERENCE
An incarcerated person A's friend calls, saying that A has been sexually assaulted by a Rikers Island officer on June 1, 2026.
Friend is unlikely to have all the information. Given the NOC deadline, set up a legal call with A right away to obtain information on the perp, incident, etc. to see if there is prior notice.
Does the NOC need to be amended after an administrator has been appointed?
YES, 90 days