In short, the HSS "cross motion" was more than a late "me too" motion and should not have been considered on its merits. at 653). Plaintiff commenced this action against HSS and HJD claiming, in essence, that defendant hospitals were negligent in declining to timely perform the surgery he sought, particularly, that their delay caused him to sustain injury that otherwise might have been avoided. In particular, the records suggest that HSS believed surgery was appropriate and helpful in as early as 2003, surgery is repeatedly mentioned in the records of 2004, and plaintiff believed that surgery had been scheduled. Under the circumstances presented, the motion court was within its discretion to review HSS's motion on the merits (see Alexander, 95 AD3d at 1247; Grande, 39 AD3d at 591-529). THIS CONSTITUTES THE DECISION AND ORDER The problem in the case at bar is that HSS's motion, in addition to being untimely, is not a true cross motion. Sinai. Dr. Michael Cross, MD: Orthopedic Surgeon - New York, NY - Medical News Quite likely, the City's legal argument would have been dispositive. On November 19, 2004, the clinic notes indicate that Frelinghuysen planned to review the patient films with Girardi and "we will plan for an anterior cervical decompression and fusion at a later date." [*17]. As defendant Hospital for Special Surgery (together with codefendants Frelinghuysen and Girardi, HSS) concedes, its cross motion was untimely, and it did not allege any good cause for its delay. for cervical spine cases. We help patients restore the quality of life they deserve and desire. Get free summaries of new New York Appellate Division, First Department opinions delivered to your inbox! Ten months after the surgery at Mt. Michael B. Cross, MD - 1133 Westchester Ave, White Plains, NY 10605 Moreover, while there is mention of a surgical option in the 2004 hospital records, the evidence does not show that evaluation of the attendant risks and benefits was undertaken until October 2004, culminating in the December 2004 decision that the associated risk was too great. Hospital for Special Surgery scores more room to operate Specialties: We provide physical, occupational, and speech therapy primarily in an in-home setting for the older adult community, and with recent addition of services at our skilled nursing facilities, outpatient and pediatric settings. The same expertise that has earned HSS the #1 ranking for orthopedics in the world by Newsweek and the #1 ranking in the U.S. 13 years in a row according to U.S. News & World Report* is available locally through a unique collaboration with the caring experts at Stamford Health. James, in turn, relied on Rosa v R.H. Macy Co. (272 AD2d 87 [1st Dept 2000]), where Macy moved for summary judgment and two other defendants untimely cross-moved against it for indemnity; the motion and another timely cross motion were still pending, and we held that the untimely cross motions should have been considered. Significantly, Brill deals with the straightforward situation in which an initial summary judgment motion is filed well after a matter has been certified as ready for trial "in violation of legislative mandate" (id. We therefore affirm the branch of the motion court's order which denied HSS summary judgment as untimely made without consideration of its merits. Opinion by Feinman, J. When the courts consistently "refus[e] to countenance" violation of statutory time frames, there will be fewer instances of untimely, improperly labeled motions, because "movants will develop a habit of compliance" with the statutory and court-ordered time frames, and late motions will include a good cause reason for the delay (id.). He has 16 years of experience. We do not hold that when a summary judgment motion is filed past the deadline, the court must automatically reject it. Thus, the primary objective of Brill to discourage dilatory conduct is not implicated (see Fofana v 41 W. 34th St., LLC, 71 AD3d 445, 448 [1st Dept 2010], lv denied 14 NY3d 713 [2010]). Corp., 23 AD3d 202, 203 [1st Dept 2005]). Palomo v 175th St. Realty Corp., 101 AD3d 579 [1st Dept 2012]; Conklin v Triborough Bridge and Tunnel Auth., 49 AD3d 320 [1st Dept 2008]; Filannino v Triborough Bridge & Tunnnel Auth., 34 AD3d 280, 281-282 [1st Dept 2006], appeal dismissed 9 NY3d 862 [2007]; Osario v BRF Constr. Plaintiff filed his note of issue on August 24, 2011. Post-operatively, in February and April 2006, plaintiff indicated that he felt returning strength in his right arm although not his left, and a general "slow improvement." Alumni News. The days prior to my operation contain numerous phone calls making sure I knew where I was going and what I should expect. However, the City gave no explanation for why its motion was made close to a year after the trial calendar papers were filed. Brill emphasizes that summary judgment is advantageous to the parties by "avoiding needless litigation cost and delay" and constitutes "a great benefit both to the parties and to the overburdened New York State trial courts" since it "may resolve the entire case" (Brill, 2 NY3d at 651). The le-de-France tramways ( French: Tramways d'le-de-France) is a network of modern tram lines in the le-de-France region of France. Sinai Hospital in December 2005, with no objective sign of improvement in physical function after over 10 months, according to his surgeon's report and tests taken at HJD's neurology clinic in October, 2006. Michael B. He is board certified in Orthopedic Surgery and graduated from VANDERBILT UNIV SCH. HSS Alumni Association Newsletter: Fall 2009 The court then went on to comment in dicta that if its merits were examined, summary dismissal should be denied as there are substantial questions of They work like a well-oiled machine. MedicineNet. According to Dr. Olsewski, the best case scenario "was to stop further progression of the cervical myelopathy"; the worst could have resulted in permanent paralysis or death, risks "well beyond the standard. . Co. (294 AD2d 268, 272 [1st Dept 2002], affd 99 NY2d 639 [2003]). Rote application of the summary judgment provision, which permits the court to "set a date after which no such motion may be made," leads to the result advocated by the majority strict rejection of the motion as untimely without taking into consideration the circumstances of the case, relegating the moving party to litigating its position at trial. Sinai, where he was first seen in the orthopedic clinic on April 21, 2005. [*2]Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), and Shoshana T. Bookson, New York, for respondent-appellant. The dissent's approach of judging a motion's merits without consideration of why it was untimely, can only lead to uncertainty and additional litigation as motions clearly barred by Brill become arguably permissible because one of the litigants perceives the motion to have merit and perceives no prejudice to the other side. You already receive all suggested Justia Opinion Summary Newsletters. The plaintiff's expert's opinion is equally conclusory whether it is applied to the asserted negligence of either [*18]facility, and if it does not suffice to sustain the action as against HJD, it does not suffice to sustain the action as against HSS. Cross, MD. However, disregarding the untimeliness of HSS's motion, the court held that issues of fact precluded HSS from being granted summary judgment. Cross is an orthopedist in Lafayette, Indiana. In opposition, Murphy's opinions were "somewhat conclusory." PDF Alumni Relections Across the Years Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and rev Michael B. Plaintiff commenced his lawsuit in May 2007, claiming medical malpractice and failure to secure informed consent. The majority thereby dispenses with the salutary aspects of summary disposition acknowledged in Brill for no apparent purpose. The Mt. Michael B. Everyone was professional. Sinai for much of that time. On the merits, discounting the supporting opinion of plaintiff's expert as conclusory, the majority finds that the evidence demonstrates that plaintiff suffered no injury as a result of HJD's February 2005 determination that surgical intervention was unwarranted. The majority sustained the action as against HSS as a result of the hospital's submission of its summary judgment motion after the date set by the trial court pursuant to CPLR 3212(a). He further opined that there was no identifiable injury sustained in the four-month period between plaintiff's first visit at HJD and when he first went to Mt. We are concerned that the respect for court orders and statutory mandates and the authoritative voice of the Court of Appeals are undermined each time an untimely motion is considered simply by labeling it a "cross motion" notwithstanding the absence of a reasonable explanation for its untimeliness. This statement concedes that HSS properly conducted further studies; that the results failed to afford any further diagnostic insight that was not predictable, and neither the tests themselves nor the time expended in conducting them are rendered improper as a result of that outcome. FOX REHABILITATION - 11 Photos & 12 Reviews - 7 Carnegie Plz, Cherry I obviously highly recommend Dr. Cross and his team. The result will be judicial economy, as well as lawyerly economy. Accordingly, the order of the Supreme Court, New York County (Alice Schlesinger, J. Again, in hindsight, he formulates a conclusory opinion that the more aggressive approach to treatment was the proper one; the competing medical factors to be considered in deciding whether to perform the surgery are simply not addressed. Both seek dismissal of the complaint on the identical ground that it was not a departure from good and accepted medical practice to forego surgery in favor of a conservative treatment plan, i.e., based on the severity of plaintiff's existing spinal disease and the low prospect of improving his condition, the decision not to subject plaintiff to the risk of quadriplegia or death was a sound medical decision.

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