Legal Opinion

Pace v. Caron

Appellate Division of the Supreme Court of the State of New York

Decided October 28, 1996PublishedCited by 18 opinions

1Opinion of the Court

—In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), entered October 13, 1995, which (1) granted the plaintiffs’ motion for leave to file a late notice of medical malpractice and to strike the defendant’s Statute of Limitations defense, and (2) denied his cross motion to dismiss the complaint as time-barred pursuant to CPLR 3211 (a) (5).

Ordered that the order is affirmed, with costs.

CPLR 214-a provides, in relevant part, that an action for medical malpractice must be commenced within two and one-half…

2Cases cited3 opinions

  1. McDermott v. TorreNew York Court of Appeals · 1982
  2. Nykorchuck v. HenriquesNew York Court of Appeals · 1991
  3. Garcia-Alano v. Guttman Breast Diagnostic Institute, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by18 opinions

  1. Roca v. PerelAppellate Division of the Supreme Court of the State of New York · 2008
  2. Mosezhnik v. BerensteinAppellate Division of the Supreme Court of the State of New York · 2006
  3. Cherise v. BraffAppellate Division of the Supreme Court of the State of New York · 2008
  4. Oksman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
  5. Canter v. East Nassau Medical GroupAppellate Division of the Supreme Court of the State of New York · 2000

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API