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SAFER v. LONG BEACH MEDICAL CENTER

39 A.D.3d 257 (2007)

833 N.Y.S.2d 68

MARTIN SAFER, Respondent, v. LONG BEACH MEDICAL CENTER et al., Appellants, et al., Defendants.

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

Decided April 5, 2007.

In the medical malpractice context, the application of the doctrine of equitable estoppel may not be based upon the same misrepresentation or act of concealment which forms the basis of plaintiff's underlying substantive cause of action. In such circumstances, a plaintiff's allegations "do not establish that [a physician], acting with knowledge of prior malpractice, made subsequent misrepresentations in an attempt...

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