BROWN v. LUTHERAN MED. CTR.

11452/11.

35 Misc.3d 553 (2012)

939 N.Y.S.2d 817

2012 NY Slip Op 22043

ANTHONY BROWN, Individually and as Administrator of the Estate of SHARLINE ORLINDA BROWN, Deceased, Plaintiff, v. LUTHERAN MEDICAL CENTER et al., Defendants.

Supreme Court, Kings County.

Decided February 6, 2012.


Attorney(s) appearing for the Case

Law Office of Joseph M. Lichtenstein, P.C., Mineola ( Joseph Ciaccio of counsel), for plaintiff.

Vaslas, Lepowsky, Hauss & Danke, LLP, Staten Island ( Ida A. Caputo of counsel), for Maimonides Medical Center, defendant.

Kopff, Nardelli & Dopf, LLP, New York City ( Martin B. Adams of counsel), for Lutheran Medical Center, defendant.


OPINION OF THE COURT

LAWRENCE KNIPEL, J.

Plaintiff moves: (1) pursuant to CPLR 3211(b), striking affirmative defenses numbered "fifth," "sixth," "seventh," and "ninth" (asserting defenses on the respective grounds of statute of limitations, res judicata, collateral estoppel and laches) of defendant Maimonides Medical Center (Maimonides), and affirmative defenses numbered "First," "Second," "Third," "Twelfth...

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