GRANT v. GUIDOTTI


67 A.D.2d 736 (1979)

Ronald Grant, as Administrator of The Estate of Patricia Grant, Deceased, et al., Respondents, v. Richard Guidotti et al., Defendants, and Long Island College Hospital, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 30, 1979


Order modified by deleting therefrom the provision providing for a jury trial and substituting therefor a provision providing for a trial and determination by the court of the issue of estoppel. As so modified, order affirmed, without costs or disbursements.

In our view, the trial court erred in ordering a jury trial on the issue of whether the defendant hospital should be estopped from asserting the defense of the Statute of Limitations. In this medical malpractice...

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