GIBBONS v. FRONTON

No. 07 Civ. 2801 (MGC).

661 F.Supp.2d 429 (2009)

William G. GIBBONS, Plaintiff, v. D.O. Leonard FRONTON and Sterling Medical Corporation, Defendants.

United States District Court, S.D. New York.

September 24, 2009.


Attorney(s) appearing for the Case

Barton Barton & Plotkin, LLP, by: Sherri L. Plotkin, Esq., Thomas Peter Giuffra, Esq., New York, NY, for Plaintiff.

Furman Kornfeld & Brennan LLP, by: Neil S. Kornfeld, Esq., Kathryn C. Collins, Esq., New York, NY, for Defendants.


OPINION

CEDARBAUM, District Judge.

Plaintiff William Gibbons sues Dr. Leonard Fronton and Sterling Medical Corporation for medical malpractice, lack of informed consent and medical facility negligence. Defendants move to dismiss on the ground that the claims are barred by the applicable New York statute of limitations. An evidentiary hearing was held on March 10, 2009, on the issue of whether the statute of limitations should be equitably tolled....

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