Moon v. Cortland Memorial Hospital

Appeal from an order of the Supreme Court (Rumsey, J.), entered December 23, 2004 in Cortland County, which granted a motion by defendant Cortland Memorial Hospital for summary judgment dismissing the complaint against it.

This action was commenced in January 2003 based on allegations that plaintiff’s right kidney was removed without his knowledge during a 1978 appendectomy when he was seven years old. It is undisputed that it was filed well beyond the expiration of the applicable statute of limitations. However, plaintiff claims that “defendants”* should be estopped from raising this defense…