Legal Opinion

LOHNAS, DARLENE M. v. LUZI, JR., M.D., FRANK A.

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

Decided June 17, 2016No. CA 15-00398Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered February 4, 2015. The order granted defendants’ motion for leave to reargue and, upon re-argument, denied defendants’ motion for partial summary judgment.

It is hereby ordered that the order so appealed from is modified on the law by granting the motion for partial summary judgment in part and dismissing the complaint to the extent that the complaint, as amplified by the bill of particulars, asserts that defendants are equitably estopped from asserting as a defense the statute of limitations for medical…

2Cases cited9 opinions

  1. Rizk v. CohenNew York Court of Appeals · 1989
  2. Gomez v. KatzAppellate Division of the Supreme Court of the State of New York · 2009
  3. Edmonds v. GetchonisAppellate Division of the Supreme Court of the State of New York · 1989
  4. Simons v. Bassett Health CareAppellate Division of the Supreme Court of the State of New York · 2010
  5. Devadas v. NiksarliAppellate Division of the Supreme Court of the State of New York · 2014

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