LOHNAS v. LUZI

281 CA 15-00398.

140 A.D.3d 1717 (2016)

33 N.Y.S.3d 637

2016 NY Slip Op 04819

DARLENE M. LOHNAS, Respondent, v. FRANK A. LUZI, JR., M.D., et al., Appellants. (Appeal No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 17, 2016.


It is hereby ordered that the order so appealed from is modified on the law by granting the motion for partial summary judgment in part and dismissing the complaint to the extent that the complaint, as amplified by the bill of particulars, asserts that defendants are equitably estopped from asserting as a defense the statute of limitations for medical malpractice, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this medical malpractice...

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