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Darlene M. Lohnas, Respondent,v.Frank A. Luzi, Jr., M.D. et al., Appellants.

Brief

44 Cited authorities

  1. Simcuski v. Saeli

    44 N.Y.2d 442 (N.Y. 1978)   Cited 765 times   3 Legal Analyses
    Holding that, where equitable estoppel applies, "burden is on the plaintiff to establish that the action was brought within a reasonable time after the facts giving rise to the estoppel have ceased to be operational"

  2. McDermott v. Torre

    56 N.Y.2d 399 (N.Y. 1982)   Cited 440 times
    Borrowing rationale from medical malpractice cases

  3. Ugarriza v. Schmieder

    46 N.Y.2d 471 (N.Y. 1979)   Cited 478 times
    In Ugarriza, the Court of Appeals determined that summary judgment should not be granted to the plaintiff, a passenger in a car driven by the defendant, where no affirmative act or omission constituting negligence had been alleged or proved.

  4. Nykorchuck v. Henriques

    78 N.Y.2d 255 (N.Y. 1991)   Cited 328 times
    Holding that the failure to establish a course of treatment cannot constitute a course of treatment

  5. Young v. N.Y.C. Health Hosps

    91 N.Y.2d 291 (N.Y. 1998)   Cited 228 times
    Noting that notice of claim must be filed within 90 days of the date the alleged original negligent act or omission occurred and further that medical malpractice actions must be commenced within 2.5 years "from the date of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to said act, omission or failure" (quoting N.Y. C.P.L.R. 214-a)

  6. Massie v. Crawford

    78 N.Y.2d 516 (N.Y. 1991)   Cited 197 times
    Concluding that a physician's insertion of an IUD was for routine gynecological examinations and not therapy to correct her medical condition, thus the continuous treatment exception did not apply

  7. Cox v. Kingsboro Medical Group

    88 N.Y.2d 904 (N.Y. 1996)   Cited 169 times

    Argued April 30, 1996 Decided June 11, 1996 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Jules L. Spodek, J. Pollack, Pollack, Isaac De Cicco, New York City (Brian J. Isaac and Allen H. Isaac of counsel), for appellants. Aaronson Rappaport Feinstein Deutsch, L.L.P., New York City (Steven C. Mandell of counsel), for respondents. MEMORANDUM. The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative

  8. Borgia v. City of New York

    12 N.Y.2d 151 (N.Y. 1962)   Cited 421 times
    In Borgia, 12 N.Y.2d at 151, the Court of Appeals held that it would be "absurd to require a wronged patient to interrupt corrective efforts by serving a summons" on a physician or hospital.

  9. Cannon v. Putnam

    76 N.Y.2d 644 (N.Y. 1990)   Cited 181 times
    In Cannon, "the defendant decided to have a free standing floodlight installed on his property to illuminate his front yard and its two artificial ponds."

  10. Rizk v. Cohen

    73 N.Y.2d 98 (N.Y. 1989)   Cited 177 times
    Holding that plaintiff's claim for fraudulent concealment failed where plaintiff "relie[d] on the same act which forms the basis of his negligence claim — Dr. Cohen's alleged improper advice to plaintiff that there was nothing wrong" and, as such, "plaintiff's allegations do not establish that Dr. Cohen, acting with knowledge of prior malpractice, made subsequent misrepresentations in an attempt to conceal his earlier negligence"

  11. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review