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Hoffman v. Brookdale Hospital Medical Center
Citations: 92 A.D.2d 539; 459 N.Y.S.2d 104; 1983 N.Y. App. Div. LEXIS 16759
Court: Appellate Division of the Supreme Court of the State of New York; February 6, 1983; New York; State Appellate Court
Stuart A. Bilenker appeals an order from the Supreme Court, Kings County, which denied his motion to dismiss a medical malpractice complaint against him on the grounds of the Statute of Limitations. The complaint was filed on December 7, 1981, more than two and a half years after the alleged malpractice occurred on or before May 8, 1979. Bilenker contended that the action was barred under CPLR 214-a. In opposition, Eva Hoffman, acting as guardian ad litem for Karoly Deutsch, argued that the Statute of Limitations was tolled due to Deutsch's insanity resulting from the medical treatment. Hoffman provided an affidavit detailing her observations of Deutsch's condition post-treatment. The Supreme Court initially denied Bilenker’s motion to dismiss, allowing for possible renewal at trial. The appellate court concurred that Hoffman's affidavit presented factual issues regarding whether Deutsch was disabled by insanity, necessitating an immediate trial to resolve the motion's issues before proceeding to the merits of the case. The appellate court reversed the lower court's order, remitting the matter for an immediate trial to determine if the action against Dr. Bilenker is time-barred. Additionally, the plaintiff may raise at trial the issue of whether Dr. Bilenker shares a legal interest with co-defendant Brookdale Hospital Medical Center. The judges concurred with the decision.