Legal Opinion
Elrington v. Staub
Appellate Division of the Supreme Court of the State of New York
Decided May 30, 2006PublishedCited by 7 opinions
1Opinion of the Court
In an action to recover damages for dental malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Steinhardt, J.), dated April 27, 2005, which granted the defendants’ motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred.
Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the defendants’ motion to dismiss the complaint as time-barred. Although the plaintiff attested that the defendants suggested that she make a follow-up appointment some nine months in the future, it is undisputed that the plaintiff never…
2Cases cited3 opinions
- Young v. New York City Health & Hospitals Corp.New York Court of Appeals · 1998
- Bellmund v. Beth Israel HospitalAppellate Division of the Supreme Court of the State of New York · 1987
- Levinson v. EtraAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by7 opinions
- Muniz v. Mount Sinai Hospital of QueensAppellate Division of the Supreme Court of the State of New York · 2012
- Capece v. NashAppellate Division of the Supreme Court of the State of New York · 2010
- Capece v. NashAppellate Division of the Supreme Court of the State of New York · 2009
- Anderson v. Central Brooklyn Medical GroupAppellate Division of the Supreme Court of the State of New York · 2008
- Wei Wei v. Westside Women's Medical, Pavilion, P.C.Appellate Division of the Supreme Court of the State of New York · 2014
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