Legal Opinion
Walton v. Strong Memorial Hospital
New York Supreme Court
Decided August 23, 2012PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
John M. Curran, J.
Defendants move to dismiss pursuant to CPLR 3211 (a) (5) asserting that the action may not be maintained because the statute of limitations expired before the action was commenced on November 24, 2009. Defendants claim that the statute of limitations expired on May 30, 1996, pursuant to CPLR 208. Plaintiff argues that the action was timely commenced under the “foreign object” discovery rule codified in CPLR 214-a.
Facts
On May 27, 1986, plaintiff, who was then three years old, underwent surgical repair of his heart by defendants Stewart and Knight at Strong…
2Cases cited11 opinions
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Rockefeller v. MorontNew York Court of Appeals · 1993
- Jewish Home & Infirmary of Rochester, New York, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1994
- Rodriguez v. Manhattan Medical Group, P. C.New York Court of Appeals · 1990
- Abend v. KlaudtCourt of Appeals of Georgia · 2000
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Adam L. Walton v. Strong Memorial HospitalNew York Court of Appeals · 2015