Legal Opinion
Rosenfeld v. Schlecker
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 2004PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Levine, J.), dated January 10, 2003, as denied their motion to dismiss the complaint as time-barred.
Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for an evidentiary hearing and a new determination on the motion.
CPLR 208 provides for a toll of the statute of limitations where…
2Cases cited9 opinions
- McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
- Savarese v. ShatzAppellate Division of the Supreme Court of the State of New York · 2000
- Siegel v. WankAppellate Division of the Supreme Court of the State of New York · 1992
- Assad v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Costello v. North Shore University Hospital Center for Extended Care & RehabilitationAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by3 opinions
- Schulman v. JacobowitzAppellate Division of the Supreme Court of the State of New York · 2005
- Giannicos v. Bellevue Hospital Medical CenterNew York Supreme Court · 2005
- Lynch v. CarlozziAppellate Division of the Supreme Court of the State of New York · 2015