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MOON v. CORTLAND MEMORIAL HOSPITAL

27 A.D.3d 870 (2006)

810 N.Y.S.2d 555

TIMOTHY R. MOON, Appellant, v. CORTLAND MEMORIAL HOSPITAL, Respondent, et al., Defendants.

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

March 9, 2006.

Carpinello, J.

This action was commenced in January 2003 based on allegations that plaintiff's right kidney was removed without his knowledge during a 1978 appendectomy when he was seven years old. It is undisputed that it was filed well beyond the expiration of the applicable statute of limitations. However, plaintiff claims that "defendants"* should be estopped from raising this defense under Simcuski v Saeli (

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