WALTON v. STRONG MEM. HOSP.

13405/09.

37 Misc.3d 539 (2012)

950 N.Y.S.2d 556

2012 NY Slip Op 22231

ADAM L. WALTON, Plaintiff, v. STRONG MEMORIAL HOSPITAL et al., Defendants.

Supreme Court, Erie County.

August 23, 2012.


Attorney(s) appearing for the Case

Martin Clearwater & Bell, LLP ( William P. Brady and Geri B. Horenstein of counsel), for defendants. Brown Chiari, LLP ( James M. Mucklewee of counsel), for plaintiff.


OPINION OF THE COURT

JOHN M. CURRAN, J.

Defendants move to dismiss pursuant to CPLR 3211 (a) (5) asserting that the action may not be maintained because the statute of limitations expired before the action was commenced on November 24, 2009. Defendants claim that the statute of limitations expired on May 30, 1996, pursuant to CPLR 208. Plaintiff argues that the action was timely commenced under the "foreign object" discovery rule codified in CPLR 214-a....

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