Hill v. Millard Fillmore Hospital

Order and judgment unanimously affirmed without costs and cross appeal dismissed. Memorandum: Special Term properly granted summary judgment to all defendants dismissing the complaint on the ground that the action was time barred (CPLR 214-a; Davis v City of New York, 38 NY2d 257, 259). Plaintiff failed to come forward with evidentiary proof in admissible form to establish fraud, deception, concealment or misrepresentation to warrant the application of the doctrine of equitable estoppel and preclude defendants from asserting the Statute of Limitations (see, Simcuski v Saeli, 44 NY2d 442;…