Legal Opinion

Putter v. North Shore University Hospital

New York Court of Appeals

Decided November 16, 2006PublishedCited by 95 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

ClPARICK, J.

The issue presented in this medical malpractice action is whether plaintiff is entitled to invoke the doctrine of equitable estoppel to toll the 2V2-year statute of limitations. We conclude, as a matter of law, that she may not and that defendants’ motion pursuant to CPLR 3211 (a) (5) to dismiss for failure to timely commence the action was properly granted.

Milton Putter * had quadruple bypass surgery at defendant North Shore University Hospital in November 1993. Defendant Dr. Michael Hall performed the surgery. Several weeks later, during routine postoperative…

2Cases cited3 opinions

  1. Zumpano v. QuinnNew York Court of Appeals · 2006
  2. General Stencils, Inc. v. ChiappaNew York Court of Appeals · 1966
  3. Putter v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by95 opinions

  1. IDT Corp. v. Morgan Stanley Dean Witter & Co.New York Court of Appeals · 2009
  2. Twersky v. Yeshiva UniversityDistrict Court, S.D. New York · 2014
  3. Twersky v. Yeshiva UniversityCourt of Appeals for the Second Circuit · 2014
  4. Pulver v. DoughertyAppellate Division of the Supreme Court of the State of New York · 2009
  5. Corsello v. Verizon New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

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