Gottfried v. Loh

5 Misc. 3d 592, 784 N.Y.S.2d 352, 2004 NY Slip Op 24372, 2004 N.Y. Misc. LEXIS 1646
CourtNew York Supreme Court
DecidedSeptember 30, 2004
StatusPublished

This text of 5 Misc. 3d 592 (Gottfried v. Loh) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gottfried v. Loh, 5 Misc. 3d 592, 784 N.Y.S.2d 352, 2004 NY Slip Op 24372, 2004 N.Y. Misc. LEXIS 1646 (N.Y. Super. Ct. 2004).

Opinion

OPINION OF THE COURT

Philip G. Minardo, J.

[593]*593Motion by defendant Kenneth Wooh, M.D., pursuant to CPLR 3211 and 3212, seeking an order dismissing the complaint as against bim on the ground that any allegations of medical malpractice are barred by the applicable statute of limitations is granted, and the complaint as to this defendant is hereby severed and dismissed.

This is an action sounding in medical malpractice wherein it is alleged that Dr. Wooh failed to timely diagnose and treat an acoustic neuroma, i.e., a benign tumor on the surface of the brain of plaintiff Joseph Gottfried.

It appears without contradiction that plaintiff Joseph Gottfried first saw Dr. Wooh, an ear, nose and throat specialist, on May 23, 1994 complaining of imbalance and hearing loss. At that time, Dr. Wooh conducted an audiogram which revealed a right sensorineural hearing loss and ordered plaintiff to undergo an MRI. According to the radiology report of May 26, 1994, the MRI revealed bilateral nasal polyps and sinusitis, but was negative for the presence of a brain tumor (see plaintiffs exhibit D).

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Cite This Page — Counsel Stack

Bluebook (online)
5 Misc. 3d 592, 784 N.Y.S.2d 352, 2004 NY Slip Op 24372, 2004 N.Y. Misc. LEXIS 1646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gottfried-v-loh-nysupct-2004.