Strober and Becker Obtain Dismissal of Medical Malpractice Case in the Bronx

November 27, 2018 | General Liability

Eric Strober and Noah Becker were successful in obtaining dismissal of a medical malpractice action venued in the Bronx on behalf of their client. Strober and Becker moved pursuant to CPLR 3211 arguing that the plaintiff’s claims were time-barred by the applicable two year and six month statute of limitations.

The plaintiff’s allegations centered around treatment of a circumcision procedure that took place on July 11, 2014. In arguing for dismissal, Strober and Becker maintained that the plaintiff could not avail himself of the continuous treatment doctrine because the last date of treatment for the circumcision procedure was March 30, 2015, and the Complaint was filed on January 30, 2018.

In opposition, the plaintiff submitted an Affidavit devoid of any specific dates of treatment and was not backed up by the pertinent medical records.  Because the plaintiff’s malpractice claim was dismissed, all derivative claims were likewise dismissed.

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