Legal Opinion

Kurland v. McElwain

Appellate Division of the Supreme Court of the State of New York

Decided September 30, 1996PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated October 6, 1995, which, inter alia, denied his motion to amend his answer to assert the Statute of Limitations ^s a defense to certain acts of alleged malpractice and to preclude the plaintiff from introducing evidence as to those acts at trial.

Ordered that the order is affirmed, with costs.

The plaintiff first saw the defendant proctologist in 1967. On December 7, 1972, after the plaintiff’s internist found a polyp on his colon, the defendant…

2Cases cited7 opinions

  1. McDermott v. TorreNew York Court of Appeals · 1982
  2. Borgia v. City of New YorkNew York Court of Appeals · 1962
  3. Nykorchuck v. HenriquesNew York Court of Appeals · 1991
  4. Massie v. CrawfordNew York Court of Appeals · 1991
  5. Charalambakis v. City of New YorkNew York Court of Appeals · 1978

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3Cited by6 opinions

  1. Mosezhnik v. BerensteinAppellate Division of the Supreme Court of the State of New York · 2006
  2. Canter v. East Nassau Medical GroupAppellate Division of the Supreme Court of the State of New York · 2000
  3. Elkin v. GoodmanAppellate Division of the Supreme Court of the State of New York · 2001
  4. Sosnoff v. JackmanAppellate Division of the Supreme Court of the State of New York · 2007
  5. Mandel v. HerrmannAppellate Division of the Supreme Court of the State of New York · 2000

1 more not listed; retrieve them via the Exa API.

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