Legal Opinion
Bazakos v. Lewis
New York Court of Appeals
Decided June 24, 2009PublishedCited by 18 opinions
1Opinion of the Court
*633OPINION OF THE COURT
Smith, J.
We hold that a claim against a doctor for his alleged negligence in performing an independent medical examination (IME) is a claim for malpractice, governed by CPLR 214-a’s two-year-and-six-month statute of limitations.
I
Lewis Bazakos, plaintiff in this case, was also the plaintiff in a previously-brought action arising out of an automobile accident. In that action, Bazakos was required, pursuant to CPLR 3121, to undergo an examination, commonly called an IME, by a doctor designated by the adverse party. The person Bazakos sued designated Dr. Philip Lewis, and…
2Cases cited5 opinions
- Weiner v. Lenox Hill HospitalNew York Court of Appeals · 1996
- Scott v. UljanovNew York Court of Appeals · 1989
- Dyer v. TrachtmanMichigan Supreme Court · 2004
- Twitchell v. MacKayAppellate Division of the Supreme Court of the State of New York · 1980
- Payette v. Rockefeller UniversityAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by18 opinions
- Fox v. MarshallAppellate Division of the Supreme Court of the State of New York · 2011
- Denise Reagan, V St. Elmo Newton, Iii, MdCourt of Appeals of Washington · 2019
- Pacio v. Franklin HospitalAppellate Division of the Supreme Court of the State of New York · 2009
- Smith v. RadeckiAlaska Supreme Court · 2010
- Spiegel v. GoldfarbAppellate Division of the Supreme Court of the State of New York · 2009
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