Simmons v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered February 26, 2008, which, to the extent appealed *411from as limited by the briefs, denied defendant’s motion to dismiss this medical malpractice action as precluded by res judicata, unanimously reversed, on the law, without costs, defendant’s motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
The motion court, by declining to grant defendant’s motion to dismiss the complaint and ordering discovery, limited to plaintiffs assertion of the insanity toll, necessarily rejected defendant’s…
2Cases cited8 opinions
- Buechel v. BainNew York Court of Appeals · 2001
- Reilly v. ReidNew York Court of Appeals · 1978
- Marinelli Associates v. Helmsley-Noyes Co.Appellate Division of the Supreme Court of the State of New York · 2000
- International Shared Services, Inc. v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1995
- Ebert v. New York City Health & Hospitals Corp.New York Court of Appeals · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Joseph v. AthanasopoulosCourt of Appeals for the Second Circuit · 2011
- UBS Securities LLC v. Highland Capital Management, L.P.Appellate Division of the Supreme Court of the State of New York · 2012
- Rick v. Wyeth, Inc.Court of Appeals for the Eighth Circuit · 2011
- Cora v. RanjanAppellate Division of the Supreme Court of the State of New York · 2012
- Rutledge v. Eli Lilly & Co.Court of Appeals for the Seventh Circuit · 2013
3 more not listed; retrieve them via the Exa API.