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.
KWMC associate, Argie Drakos, was successful in a motion for summary judgment in a premises liability case venued…
KWMC partner, Timothy Shelley, was successful in a motion for summary judgment in a premises liability case venued…
Congratulations to KWMC’s Kerri Levy for obtaining a defense verdict on behalf of a nurse in the Supreme…
KWMC partner, Stephen Rach, obtained a directed verdict, resulting in dismissal of all claims against our hospital client,…
Robert Lapping of this office was 6 weeks into a multiple defendant medical malpractice trial in Suffolk County…
The patient underwent laparoscopic weight loss surgery (also known as Lap Band), by our client surgeon. The patient quickly developed an incisional hernia…