Legal Opinion
Zelig v. Urken
Appellate Division of the Supreme Court of the State of New York
Decided April 13, 2006PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Sheila AbdusSalaam, J), entered March 29, 2005, which granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.
Plaintiff failed to demonstrate satisfactorily a mutual contemplation, with her physician, of further treatment between her last examination, on July 26, 2001, and a test performed on October 31 of that year, which would have tolled the statute of limitations and rendered timely the commencement of this medical malpractice action in March 2004. Notwithstanding plaintiffs reliance on defendant’s…
2Cases cited4 opinions
- Richardson v. OrentreichNew York Court of Appeals · 1985
- De Peralta v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 1986
- Bellmund v. Beth Israel HospitalAppellate Division of the Supreme Court of the State of New York · 1987
- Adams v. FrankelAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by5 opinions
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- Wei Wei v. Westside Women's Medical, Pavilion, P.C.Appellate Division of the Supreme Court of the State of New York · 2014
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