Legal Opinion
Dufresne-Simmons v. Wingate, Russotti & Shapiro, LLP
New York Supreme Court
Decided June 10, 2016PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Betty Owen Stinson, J.
In this action for alleged legal malpractice, defendant moves seeking a pretrial hearing to determine whether plaintiff William Simmons (Simmons) is and has been insane since October 22, 1997 — the date of his stroke — such that pursuant to CPLR 208, he could have been entitled to toll the statute of limitations on the medical malpractice claim upon which this action *600is premised. Defendant also seeks an order pursuant to CPLR 3124, compelling Simmons to appear for a deposition, compelling Simmons’ counsel to appear for a deposition, and compelling…
2Cases cited22 opinions
- People v. EvansNew York Court of Appeals · 2000
- McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
- Zarin v. Reid & PriestAppellate Division of the Supreme Court of the State of New York · 1992
- Lindenman v. KreitzerAppellate Division of the Supreme Court of the State of New York · 2004
- Fritsch v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1941
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3Cited by2 opinions
- Matter of Empire Wine & Spirits LLC v. ColonAppellate Division of the Supreme Court of the State of New York · 2016
- Liberty Petroleum Realty, LLC v. Gulf Oil, L.P.Appellate Division of the Supreme Court of the State of New York · 2018