Baron v. Brown
Opinion of the Court
The plaintiff’s decedent died on June 9, 2005. The plaintiff commenced this action, inter alia, to recover damages for medical malpractice and wrongful death, etc., on May 24, 2007, against, among others, the defendants Janice McCormack and South Bay Cardiovascular Associates, EC. (hereinafter together the South Bay defendants). Although the South Bay defendants raised the issue of the statute of limitations in their answer, they moved, inter alia, for summary judgment dismissing the cause of action alleging wrongful death insofar as asserted against them on the ground that they did not depart from accepted medical practice in treating the decedent. The Supreme Court, sua sponte, in effect, directed the dismissal of the wrongful death cause of action insofar as asserted against the South Bay defendants on the ground that it was time-barred, and denied their motion for summary judgment as academic.
On a motion for summary judgment, the court is limited to the issues or defenses that are the subject of the motion before
As the Supreme Court denied the South Bay defendants’ motion for summary judgment as academic, we remit the matter to the Supreme Court, Suffolk County, for a determination of that motion on the merits (see Gosine v Sahabir, 91 AD3d 910, 911 [2012] ; Hluch v Ski Windham Operating Corp., 85 AD3d 861, 864 [2011]; Hunter Sports Shooting Grounds, Inc. v Foley, 73 AD3d 702 [2010]). Rivera, J.P., Balkin, Leventhal and Hinds-Radix, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.