Legal Opinion
Kershaw v. Hospital for Special Surgery
Appellate Division of the Supreme Court of the State of New York
Decided December 24, 2013Published
1Opinion of the Court
OPINION OF THE COURT
Feinman, J.
Although raised in the context of a purported “cross motion,” resolution of this appeal requires us to once again revisit the issue of untimely summary judgment motions. As defendant Hospital for Special Surgery (together with codefendants Frelinghuysen and Girardi, HSS) concedes, its cross motion was untimely, and it did not allege any good cause for its delay. Accordingly, the cross motion was properly denied, regardless of its merits.
In 1994, when plaintiff was 53 years old, he underwent spinal surgery at defendant Hospital for Special Surgery, to address…
2Cases cited29 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Brill v. City of New YorkNew York Court of Appeals · 2004
- Dunham v. Hilco Construction Co.New York Court of Appeals · 1996
- Kihl v. PfefferNew York Court of Appeals · 1999
- Gibbs v. St. Barnabas HospitalNew York Court of Appeals · 2010
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