Legal Opinion

Strignano v. Jamaica Hospital

New York Supreme Court

Decided June 3, 1999PublishedCited by 1 opinion

1Opinion of the Court

*156OPINION OF THE COURT

David Goldstein, J.

ISSUE

The issue presented is whether the infancy toll provided by CPLR 208, in relation to the operative Statute of Limitations in a medical malpractice action against a private hospital, should apply throughout the minority of the child, notwithstanding that the infant had been represented by a parent, as guardian, who, through counsel, previously litigated and settled a separate malpractice action against a private physician. Stated otherwise, should the holding in Henry v City of New York (244 AD2d 93, Iv granted 93 NY2d 802), which is binding upon…

2Cases cited13 opinions

  1. Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
  2. Russo v. City of New YorkNew York Court of Appeals · 1932
  3. East Asiatic Co. v. CorashAppellate Division of the Supreme Court of the State of New York · 1970
  4. McKiernan v. McKiernanAppellate Division of the Supreme Court of the State of New York · 1994
  5. Henry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998

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3Cited by1 opinion

  1. Niles v. NelsonDistrict Court, N.D. New York · 1999

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