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PUTTER v. N SHORE UNIV HOSP

7 N.Y.3d 548 (2006)

858 N.E.2d 1140

825 N.Y.S.2d 435

BEATRICE PUTTER, Individually and as Executrix of MILTON PUTTER, Deceased, Respondent, v. NORTH SHORE UNIVERSITY HOSPITAL et al., Appellants.

Court of Appeals of New York.

Decided November 16, 2006.

Attorney(s) appearing for the Case

Martin Clearwater & Bell LLP, New York City (Ellen B. Fishman, Anthony M. Sola and Rosaleen T. McCrory of counsel), for appellants.

Jacob D. Fuchsberg Law Firm, LLP, New York City (Alan L. Fuchsberg and Danielle George of counsel), for respondent.

Chief Judge KAYE and Judges ROSENBLATT, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

CIPARICK, J.

The issue presented in this medical malpractice action is whether plaintiff is entitled to invoke the doctrine of equitable estoppel to toll the 2½-year statute of limitations. We conclude, as a matter of law, that she may not and that defendants' motion pursuant to CPLR 3211 (a) (5) to dismiss for failure to timely commence the action was properly granted.

Milton Putter...

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