La Russo v. St. George's University School of Medicine, No. 13-1665 (2d Cir. 2014)Annotate this Case
Plaintiff filed suit alleging claims of medical malpractice, breach of contract, and negligence based on alleged failures by SGU to appropriately treat plaintiff's son's mental illness. The court concluded that the case was properly removed where a real party defendant in interest that owns and operates a non-juridical entity that was improperly sued in state court may remove a diversity case to federal court without filing an appearance in the state court prior to attempting removal. The court also concluded that the complaint was properly dismissed as time-barred where New York's rule tolling a limitations period because of a plaintiff's insanity, N.Y. C.P.L.R. 208, applied to the facts of this case. Accordingly, the court affirmed the judgment of the district court.