Legal Opinion
Lampiasi v. St. Vincent's Hospital & Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 1979PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Birns, J. P.
In this action for malpractice, where appellant seeks to dismiss the complaint as barred by the Statute of Limitations, we are to consider the effect of recent legislative amendments to the Civil Practice Law and Rules which establish the attainment of the age of 18 as the point in time at which infancy ends.
The circumstances which confront us are tragic. Plaintiff-respondent, Wayne Lampiasi, was born prematurely on August 31, 1954. Shortly after his birth, he was treated at St. Vincent’s Hospital and, allegedly as the result of that treatment, became blind.
Mr.…
2Cases cited10 opinions
- People Ex Rel. Central Trust Co. v. PrendergastNew York Court of Appeals · 1911
- Kelly v. StateAppellate Division of the Supreme Court of the State of New York · 1977
- Rubinstein v. French HospitalAppellate Division of the Supreme Court of the State of New York · 1976
- Kaplan v. KaplanAppellate Division of the Supreme Court of the State of New York · 1969
- McGill v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1977
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3Cited by4 opinions
- Verra v. KoluksuzAppellate Division of the Supreme Court of the State of New York · 1980
- Glasser v. Jewish Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 1981
- Lampiasi v. St. Vincent's Hospital & Medical CenterNew York Court of Appeals · 1980
- Garner v. HuntSupreme Court of Alabama · 1991