New York Court of Appeals, 1979

Immediate v. St. John's Queens Hospital

New York Court of Appeals · Decided October 11, 1979

48 N.Y.2d 671; 397 N.E.2d 385; 421 N.Y.S.2d 875; 1979 N.Y. LEXIS 2331

Cases that cite this one

29 later published cases cite this decision. The 25 that cite it most often are listed here.

Scholastic Inc. v. Pace Plumbing Corp. (Appellate Division of the Supreme Court of New York 2015)
Rockwell v. Ortho Pharmaceutical Co. (District Court, N.D. New York 1981)
Perez v. Police Department of New York (District Court, S.D. New York 1994)
Levinson Steel Co. v. SCHIAVONE CONST. CO., INC. (District Court, S.D. New York 1986)
Merz v. Hemmerle (District Court, E.D. New York 1981)
Renda v. Frazer (Appellate Division of the Supreme Court of New York 1980)
Cadlerock, L.L.C. v. Renner (Appellate Division of the Supreme Court of New York 2010)
Cellupica v. Bruce (Appellate Division of the Supreme Court of New York 2008)
Youssef v. Triborough Bridge & Tunnel Authority (Appellate Division of the Supreme Court of New York 2005)
Kamruddin v. Desmond (Appellate Division of the Supreme Court of New York 2002)
Norwalk v. J. P. Morgan & Co. (Appellate Division of the Supreme Court of New York 2000)
Firth v. State (N.Y. Ct. Cl. 2000)
Magat v. County of Rockland (Appellate Division of the Supreme Court of New York 1999)
LoPinto v. Roldos (Appellate Division of the Supreme Court of New York 1997)
DeSanctis v. Laudeman (Appellate Division of the Supreme Court of New York 1991)
Spear v. Risk (Appellate Division of the Supreme Court of New York 1990)
Rabinowitz v. American Tire Works (Appellate Division of the Supreme Court of New York 1989)
Storey v. Sum (Appellate Division of the Supreme Court of New York 1989)
Alvarez v. Prospect Hospital (N.Y. 1986)
McIvor v. Di Benedetto (Appellate Division of the Supreme Court of New York 1986)
Schirano v. Paggioli (Appellate Division of the Supreme Court of New York 1984)
Manno v. Levi (Appellate Division of the Supreme Court of New York 1983)
Golden v. Scalise (Appellate Division of the Supreme Court of New York 1982)
A. T. & M. Development Corp. v. Hawver & Ewasick, Inc. (Appellate Division of the Supreme Court of New York 1982)
Childs v. Brandon (Appellate Division of the Supreme Court of New York 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Concededly, this medical malpractice action for wrongful death against respondent physician was not commenced within two years after decedent’s death. Appellant’s assertion in this court that the physician is estopped from asserting the Statute of Limitations by reason of his fraudulent concealment of his wrongdoing must be rejected as appellant did not *673assert a claim of fraud or fraudulent concealment of the alleged malpractice. Furthermore, no evidentiary facts supporting any such claim were submitted to the court by appellant in opposition to respondent’s motion for summary judgment. (Alvord & Swift v Muller Constr. Co., 46 NY2d 276, 281.)

Appellant’s contention that respondent insufficiently pleaded the Statute of Limitations is also without merit. It was sufficient under CPLR 3013 that respondent pleaded the "statute of limitations” as a defense; it was not required to identify the statutory section relied on or to specify the applicable period of limitations. Thus, respondent’s motion was properly granted.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.