KWMC Obtains Dismissal On Behalf of Physician Client
KWMC Partner, Stephanie Johnston, was successful in a motion to dismiss, pursuant to CPLR 3211 (a)(5), and for…
KWMC Partner, Stephanie Johnston, was successful in a motion to dismiss, pursuant to CPLR 3211 (a)(5), and for…
KWMC Partner, Stephanie Johnston, was successful in a motion to dismiss, pursuant to CPLR 3211 (a)(5), and for summary judgment, pursuant to CPLR 3212, which resulted in the dismissal of the plaintiff’s Complaint in its entirety. The plaintiff claimed that the defendant otolaryngologist improperly performed a septoplasty and turbinoplasty, resulting in a saddle nose deformity. In order to rectify the failure to timely commence the action, the plaintiff alleged that the continuous treatment doctrine applied. The Hon. Denise Sher, in an order dated October 29, 2024, found that the continuous treatment doctrine did not apply and, therefore, dismissed all claims as time-barred, pursuant to CPLR 3211(a)(5). Judge Sher, additionally, granted that branch of the motion, pursuant to CPLR 3212, to dismiss the medical malpractice claims, as the court found that defendant met its burden, while plaintiff’s expert affirmation was insufficient to create a triable issue of fact.
Stephen E. Rach II, Partner, obtains a defense verdict in a recent medical malpractice case in Supreme Court, Suffolk County before Hon. W. Gerard Asher.
Welcome to the Kerley Walsh Matera & Cinquemani Law Blog! All our recent news and victories will be posted here.
Attorney Stephanie Johnston wins Summary Judgement in a Medical Malpractice case, Westchester Supreme Court. Plaintiff’s Complaint contained causes…
KWMC partner, Timothy Shelley, was successful in a motion for summary judgment in a premises liability case venued…
Kerley, Walsh, Matera & Cinquemani, P.C. is pleased to announce that Brett Milgrim, Argiro Drakos and Stephanie Johnston…
The patient underwent laparascopic bilateral partial salpingectomy. She developed an internal postoperative bleed, which ultimately necessitated return to the operating room for exploratory laparotomy.