Legal Opinion
Mitchell v. Abitol
Appellate Division of the Supreme Court of the State of New York
Decided May 18, 1987PublishedCited by 15 opinions
1Opinion of the Court
In a medical malpractice action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (LeVine, J.), entered June 25, 1986, which denied his motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as barred by the Statute of Limitations.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendant physician delivered the plaintiff Ethel Mitchell’s child by Caesarean section in July 1970. Over five years later, Mrs. Mitchell sought treatment for pain and…
2Cases cited2 opinions
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Goldsmith v. Howmedica, Inc.New York Court of Appeals · 1986
3Cited by15 opinions
- Rockefeller v. MorontNew York Court of Appeals · 1993
- Rodriguez v. Manhattan Medical Group, P. C.New York Court of Appeals · 1990
- Beckel v. GerberSouth Dakota Supreme Court · 1998
- Lombardi v. DeLucaAppellate Division of the Supreme Court of the State of New York · 1987
- Ericson v. PalleschiAppellate Division of the Supreme Court of the State of New York · 2005
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