Legal Opinion

Florio v. Cook

New York Court of Appeals

Decided November 15, 1979PublishedCited by 29 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in its memorandum so far as the same relates to the claim of continuous treatment. We note, in addition, that the plaintiffs contention that the Statute of Limitations was tolled by application of the doctrine of equitable estoppel (Simcuski v Saeli, 44 NY2d 442) must also be rejected, as neither fraud nor fraudulent concealment was pleaded (Immediate v St. John’s Queens Hosp., 48 NY2d 671).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer…

2Cases cited1 opinion

  1. Immediate v. St. John's Queens HospitalNew York Court of Appeals · 1979

3Cited by29 opinions

  1. Meridien International Bank Ltd. v. Government of the Republic of LiberiaDistrict Court, S.D. New York · 1998
  2. Renda v. FrazerAppellate Division of the Supreme Court of the State of New York · 1980
  3. Curcio v. IppolitoNew York Court of Appeals · 1984
  4. Johns Hopkins Hospital v. LehningerCourt of Special Appeals of Maryland · 1981
  5. Reiner v. JaegerAppellate Division of the Supreme Court of the State of New York · 2008

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