Legal Opinion

McKnight v. New York City Health & Hospitals Corp.

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

Decided May 7, 1979PublishedCited by 4 opinions

1Opinion of the Court

— In a medical malpractice action, defendant, New York City Health & Hospitals Corporation, appeals from an order of the Supreme Court, Kings County, dated April 18, 1977, which granted plaintiffs motion to strike its affirmative defense that the action is barred because of plaintiffs failure to commence the action within the Statute of Limitations. Order reversed, without costs or disbursements, and motion denied. In view of the decision of the Court of Appeals in Merced v New York City Health & Hosps. Corp. (44 NY2d 398, 414-415), that the "foreign object” exception enunciated in Flanagan v…

2Cases cited1 opinion

  1. Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969

3Cited by4 opinions

  1. Brush v. OlivoAppellate Division of the Supreme Court of the State of New York · 1981
  2. Saler v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
  3. Winters v. BeckAppellate Division of the Supreme Court of the State of New York · 1980
  4. Rice v. TempleAppellate Division of the Supreme Court of the State of New York · 1981

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