Legal Opinion
Vanderburg v. Brodman
Appellate Division of the Supreme Court of the State of New York
Decided August 7, 1997PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J. P.
In January 1996, almost four years after plaintiff sued defendant Dr. Harold Brodman, a surgeon who had operated on plaintiffs decedent at defendant Montefiore Hospital on June 26, 1991, plaintiff asserted a direct cause of action against Dr. Simeon Carvajal, who had last treated the decedent on April 29, 1991, when he performed a colonoscopy on her at a different hospital. The claim against Carvajal is untimely unless plaintiff can demonstrate that it related back to the timely claim against one of the original defendants. (See, Buran v Coupal, 87 NY2d 173,…
2Cases cited7 opinions
- Buran v. CoupalNew York Court of Appeals · 1995
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Brock v. BuaAppellate Division of the Supreme Court of the State of New York · 1981
- Mondello v. New York Blood CenterNew York Court of Appeals · 1992
- Kavanaugh v. NussbaumNew York Court of Appeals · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Brunero v. City of New York Department of Parks & RecreationAppellate Division of the Supreme Court of the State of New York · 2014
- Kam Hampton I Realty Corp. v. ZagataAppellate Division of the Supreme Court of the State of New York · 1998
- Higgins v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
- Perez v. Long Is. Concrete Inc.Appellate Division of the Supreme Court of the State of New York · 2022