Legal Opinion
Dowling v. Hillcrest General Hospital
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 1982PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J. P.
At issue in this medical malpractice action is the propriety of Special Term’s denial of defendant Van Gessel’s motion to dismiss the complaint on the ground that the action was time barred. Plaintiff alleges that the malpractice took place between May 15 and May 17, 1978. Since the applicable Statute of Limitations is two and one-half years (CPLR 214-a, eff July 1, 1975), absent a tolling provision, the statute of limitations would concededly have run on November 17, 1980.
Three of the defendants, Hillcrest General Hospital, Group Health, Inc., and the…
2Cases cited5 opinions
- Sanford v. GarveyAppellate Division of the Supreme Court of the State of New York · 1981
- Filardi v. Bronxville Obstetrical & Gynecological Group, P. C.Appellate Division of the Supreme Court of the State of New York · 1979
- Williams v. Interboro General HospitalAppellate Division of the Supreme Court of the State of New York · 1977
- Kearns v. MoyerAppellate Division of the Supreme Court of the State of New York · 1980
- Tracy v. New York Magazine Co.Appellate Division of the Supreme Court of the State of New York · 1975
3Cited by8 opinions
- Cherpak v. Newell Manufacturing Corp.District Court, E.D. New York · 1989
- Bloodgood v. ParadisAppellate Division of the Supreme Court of the State of New York · 1995
- Petrone v. S.S.K.S. Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Personis v. OilerDistrict Court, N.D. New York · 1989
- Bloodgood v. ParadisNew York Supreme Court · 1994
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