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WALTON v. STRONG MEM. HOSP.

No. 67

25 N.Y.3d 554 (2015)

35 N.E.3d 827

14 N.Y.S.3d 757

2015 NY Slip Op 04786

ADAM L. WALTON, Appellant, v. STRONG MEMORIAL HOSPITAL, et al., Respondents.

Court of Appeals of New York.

Decided June 10, 2015.

Attorney(s) appearing for the Case

Magavern, Magavern & Grimm LLP, Buffalo ( Edward J. Markarian of counsel), and Brown Chiari LLP, Lancaster ( James M. Mucklewee of counsel), for appellant.

Martin Clearwater & Bell, LLP, New York City ( Barbara D. Goldberg , William P. Brady and Geri Beth Horenstein of counsel), for respondents.

Wilson Elser Moskowitz Edelman & Dicker LLP, Albany ( James A. Shannon of counsel), for Healthcare Association of New York State, Inc., amicus curiae.

Order reversed, with costs, and respondents' motion to dismiss the complaint as time-barred denied.

OPINION OF THE COURT

We are "present[ed with] yet another variation among a myriad of medical protocols, devices and procedures" (LaBarbera v New York Eye & Ear Infirmary, 91 N.Y.2d 207, 212 [1998]), and asked whether a fragment from...

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