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There is a shorter minimum notice requirement, three or seven days, as compared with the minimum eight-day notice requirement in CPLR 2214(b). hurley joggers womens; sink clips not long enough; viewsonic vx3276 mhd reset; usaa dental insurance number; dr michael cross leaving hss. This opinion is uncorrected and subject to revision before publication in the Official Reports. 2013 NY Slip Op 08548 FOX REHABILITATION - 11 Photos & 12 Reviews - 7 Carnegie Plz, Cherry Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. It is up to the litigant to show the court why the rule should be flexible in the particular circumstances, or, in the words of the statute, that there is "good cause shown" for the delay. 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). 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.). Hospital for Special Surgery (HSS) President and CEO Louis A. Shapiro and Surgeon-in Chief and Medical Director Bryan T. Kelly, MD, today announced the appointment of Michael P. Ast, MD, hip and knee replacement surgeon and assistant professor of orthopaedic surgery, as the new Vice-Chair of the HSS Innovation Institute and Chief Medical In December 1994, plaintiff had surgery at HSS to address multilevel cervical stenosis with myelopathy and radiculopathy, a condition that existed for a period of time which caused plaintiff continuous weakness of his upper extremities including left shoulder. The result will be judicial economy, as well as lawyerly economy. by Peter Gordon. The cross movant may rely on the papers submitted with the main motion to support the relief sought. Was seen ahead of scheduled appointment time. The nurses and assistants were wonderful and were focused on managing my (intense) pain. Dr. Michael B. Particularly, the majority holds that the summary judgment motion interposed by HSS was untimely and beyond the motion court's power to entertain pursuant to Brill. To the contrary, the compelling interest is judicial economy, which militates in favor of summary disposition of even an untimely motion made in response to one timely filed (see Burns, 307 AD2d at 864), [*16]especially if that "summary judgment motion may resolve the entire case" (Brill, 2 NY3d at 651). In that regard, the majority's disposition is antithetical, directing a party to try a case under circumstances to which Brill is inapposite because trial has been delayed not by an eleventh-hour summary judgment motion, but by one that is altogether timely. The argument that HSS's motion should be considered on the merits because it "sought relief on the same issues raised in HJD's timely motion," ignores the distinction in the CPLR between motions and cross motions and perpetuates an increasingly played end run around the Court of Appeals' bright line rule in Brill. Tue 7:00 am . Although raised in the context of a purported "cross motion," resolution of this appeal requires us to once again revisit the issue of untimely summary judgment motions. ", As to the delay causing any injury, the doctor stated that there was no identifiable injury caused by any alleged delay during the four month period between when plaintiff was first seen at HJD and when he first went to Mt. Dr. Michael Cross, MD: Orthopedic Surgeon - New York, NY - Medical News All concur except Tom, J.P. and Freedman, J. who dissent in part in an Opinion by Tom, J.P.TOM, J.P. (dissenting in part). Dr. Cross specializes in adult reconstructive surgery of the hip and knee,. The rule is that a cross motion is an improper vehicle for seeking relief from a nonmoving party (Mango v Long Is. Jorge O. Galante, MD Fellow Research Award Plaintiff commenced his lawsuit in May 2007, claiming medical malpractice and failure to secure informed consent. Dr. Michael Cross, MD, Orthopedic Surgery Specialist - New York, NY It was also Dr. Girardi's opinion that, given plaintiff's extensive spinal disease and the prospect of low improvement, the risk of surgery including quadriplegia or even death, was clearly not warranted. (108 AD3d 403, 404 [1st Dept 2013]) Michael M. Alexiades, MD Hip and Knee Replacement HSS Main Campus, Uniondale Call for an appointment 212.774.7557 Michael P. Ast, MD Hip and Knee Replacement HSS Main Campus, Paramus Call for an appointment 201.599.8056 Jason L. Blevins, MD Hip and Knee Replacement HSS Main Campus, Westchester Call for an appointment 212.606.1248 The course adopted by plaintiff of locating a medical team possessing the requisite skills at a hospital equipped with the appropriate facilities represents a seemingly optimal outcome which, as a matter of policy, should not be compromised by the threat of litigation. First of all, under the authority of Brill [2 NY3d 648 (2004)], the cross[]motion was clearly untimely without any explanation, and counsel is simply wrong when he argues that the cross[]motion raises the same issues as the motion timely made by [HJD]. HSS Orthopedics Joins Forces With Stamford Health. 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. Michael CROSS | Assistant Attending Orthopaedic Surgeon | Hospital for Cross, MD. Dr. Petrizzo testified that the overwhelming majority of patients with cervical myelopathy do not regain function after decompression surgery. MichaelPaulAstMDFAAOS Orthopaedic Surgery New York, NY Hip & Knee Reconstructive Surgery Assistant Professor, Orthopaedic Surgery Chief Medical Innovation Officer Vice Chair, HSS Innovation Institute Hospital for Special Surgery Join to view full profile Office 541 East 71st Street 6th Floor New York, NY 10021 Phone+1 201-599-8056 Removal of Skunks, Raccoons, Squirrels, Bats, Snakes, and More! Health insurers that provide access to Hospital for Special Surgery (click the insurance company name for more details) Aetna Affinity by Molina Healthcare Blue Cross Blue Shield - Empire Blue Cross Blue Shield - Horizon Can't say enough about how friendly the staff was at this facility. ", In February 2005, plaintiff began treatment at defendant New York University Medical Center Hospital for Joint Disease (HJD). Hip, knee surgeons with NYC's best value outcomes at HSS Chronic noncompliance with deadlines breeds disrespect for the dictates of the Civil Practice Law and Rules and a culture in which cases can linger for years without resolution. 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). Location in NY, NJ, CT and Florida. Ctr., 123 AD2d 843 [2d Dept 1986]). for cervical spine cases. He was found to have "significant" cervical stenosis and compression of his spinal cord, as well as cord signal change especially at C3-4 and C4-5. Michael B. Brill draws a bright line based on the two elements of CPLR 3212(a): the statutorily imposed or court-imposed deadlines for filing summary judgment motions, and the showing of good cause by a late movant in order for its motion to be considered. Plaintiff testified that on his third visit with Frelinghuysen in December 2004, the doctor told him that they could not do the surgery, but did not give him "a reason that made any sense." This was supported by Dr. Hecht's finding that there was no substantial neurological improvement in plaintiff's condition after his surgery at Mt. Decided on December 24, 2013 All Sessions by Michael B. Find All Providers . It wrote, Find a Doctor: By Name, Specialty, Location & Insurance Find a Doctor At HSS, the world's best musculoskeletal specialists work together to provide the best care for you. Unfairness to one party is not remedied by applying the statute to the detriment of another.[FN1]. Dr. Cross earned his bachelors degree from Washington University in St. Louis in 2002. Diseases & Conditions Procedures & Tests Symptoms & Signs. carlson extra wide pet gate with lift handle prince of peace premium jasmine green tea Plaintiff underwent a two-stage cervical spine surgery in December 2005. Hospital for Special Surgery Florida | Orthopaedic Services | Fort I am returning on Oct 9, 2020, for my left knee and am actually looking forward to it. Specialties. PDF Expert Opinion provided by Dr. Michael Cross Opinion by Feinman, J. Find expert care and book online. Footnotes ford edge liftgate reset; 2007 dodge grand caravan rear shocks; gotham point lottery results; singer serger heavy duty manual; spectacle hut tampines mall In October, 2006, plaintiff returned to HJD again complaining of continued lack of strength in upper extremity and numbness and pain in the right arm and hand. HSS admitted that its motion seeking summary judgment and dismissal of the complaint as against it was filed nearly two months after the court-imposed deadline for making dispositive motions,[FN2] but argued that it should be considered because it sought relief on the same issues raised in codefendant HJD's timely motion. McAloon & Friedman, New York (Gina Bernardi Di Folco of counsel), for respondent. Michael Cross is a provider established in Indianapolis, Indiana and his medical specialization is Orthopaedic Surgery with more than 17 years of experience. Hospital for Special Surgery and the HSS Alumni Association gratefully thank the Autumn Beneit Committee for ongoing support and major funding for several medical education initiatives, including publication of . On November 11, 2011, HJD moved for summary judgment, making its motion returnable on December 14, 2011. 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." FEINMAN, J. Likewise, the legislative memorandum in support of the amendment to CPLR 3212(a) is concerned with the disruption to court calendars by a motion interposed on the eve of trial (Sponsor's Mem, L. 1996, ch 492 reprinted in 1996 McKinney's Session Laws of NY at 2432-2433). The surgery consisted of a decompressive laminoplasty at C3-C7, bone graft reconstruction at C3-C6, and halo vest application. Plaintiff undertook these programs through HJD's clinic, and was treated continuously until September of 2005. An MRI of his cervical spine taken the same day found "severe central canal and severe neural foraminal stenosis," resulting in "severe myelomalacia of the spinal cord" from C3 to mid-C5 level. HSS-GR eConsult Second Opinion Sample - Issuu 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. new york, ny zip 10021-099 phone: (212) 774-2114 fax: (646) 797-8298 The provider's authorized official is Michael B Cross . But to reject the motion on that ground, under the facts herein, ignores the adverse consequences of imposing an overly restrictive rule, specifically, consequences that are especially adverse to the courts. Accordingly, the order should be modified to the extent of granting defendant HSS's motion for summary judgment. Skip to main content. ), entered July 16, 2012, which, insofar as appealed from as limited by the briefs, granted the summary judgment motion of defendants Hospital for Special Surgery, Peter Frelinghuysen, and Federico Pablo Girardi (collectively HSS) only to the extent of Dr. Anthony Petrizzo of HJD examined plaintiff on February 11, 2005, finding severe upper extremity atrophy, with deltoid strength at 1/5, and 2/5 strength to the biceps. The best that surgery could do was stop the myelopathy, but there was risk of permanent paralysis or death, "well beyond the standard for such risks for cervical spine cases." It is a distorted analysis of my position. Here, the modestly late motion submitted by HSS sought relief on the same issues raised in HJD's timely motion. Dr. Cross is board certified in Orthopedic Surgery. Michael B. 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. Cross is an assistant attending orthopedic surgeon at New York City-based Hospital for Special Surgery, as well as a clinical instructor of orthopedic surgery at Weill Cornell Medical College, also in New York City. Dr. Ast is affiliated with Hospital For Special Surgery and Hospital for Special Surgery. In addition, the motion court correctly dismissed the second cause of action alleging lack of informed consent as plaintiff's papers did not address this claim. Thus, plaintiff failed to rebut HJD's prima facie entitlement to summary judgment. [*2]Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), and Shoshana T. Bookson, New York, for respondent-appellant. Plaintiff subsequently underwent the subject procedure at nonparty Mt. Indeed, in our view, the dissent wrongly interprets the statute by claiming that the "good cause shown" prong is not always a part of the CPLR 3212(a) analysis. Co. (294 AD2d 268, 272 [1st Dept 2002], affd 99 NY2d 639 [2003]). 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. Footnote 4: The dissent overlooks the very different lengths of treatment offered to plaintiff by HSS and HJD. dr michael cross leaving hss Dr. Michael Cross, MD, Orthopedic Surgery | Indianapolis, IN | WebMD The HSS "cross motion," which runs from page 842 to page 1002 of the record on appeal, is comprised of many items not contained in the HJD motion papers, not the least of which is additional medical records not submitted by HJD. Dr. Michael Cross | Total Joint Replacement | OrthoIndy Hip & Knee Doctor Here, HJD's submission of its moving papers a mere three days before the final date set by the trial court contravenes the spirit of Brill by depriving HSS of an adequate opportunity to timely file its own application for similar relief because, at such point in time, HSS is presumed to have been devoting its resources to preparation for trial (Brill, 2 NY2d at 651). 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. Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. Copyright 2023 OrthoIndy. By making a cross motion, the party saves an extra day in court, and quite possibly the time and trouble of amassing fresh proof, if it happens that all or part of the evidentiary foundation on which the cross motion is based has already been produced for consideration (Patrick M. Connors, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C2215:1, 2215:2). Dr. Michael Cross, MD works in New York, NY as an Orthopedic Surgery Specialist and has 16 years experience. Education VANDERBILT UNIV SCH OF MED, Medical School 2006 Dr. Michael B. Plaintiff filed his note of issue on August 24, 2011. by Peter Gordon. Physical therapy, pain management and treatment in HJD's neurology, hand and shoulder clinics were recommended. HSS Alumni Association Newsletter: Fall 2009 On October 1, 2004, plaintiff first met with defendants Peter Frelinghuysen, M.D. Cross, MD . HSS appealed from the denial of its "cross motion" and plaintiff cross-appealed from the grant of HJD's motion. Dr. Cross completed his residency at HSS, where he was awarded the Russell Warren Basic Science Research Award and the Jean McDaniel Award, which is given to the Chief Resident who best demonstrates leadership, professionalism and ethics in the care of patients. Nor is this court's recent holding in Levinson v Mollah (105 AD3d 644 [1st Dept 2013]) on point. When deciding a motion for summary judgment, the court's function is issue finding rather than issue determination (see Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395 [1957]). The Mt. As to HJD, the court found that, "without any doubt, [its] moving papers, primarily through the thorough opinions expressed by [its expert], [made] out a prima facie case for the relief sought." After residency, Dr. Cross completed his fellowship in Adult Reconstruction at Rush University Medical Center in 2013where he won the Jorge O. Galante, MD Fellow Research Award. He was no longer working and was receiving social security disability benefits. Judgment, same court and Justice, entered August 20, 2012, affirmed, without costs. On April 11, 2003, an MRI revealed a narrowing of the spinal canal and the neural foramen with disc protrusions. . Ten months after the surgery at Mt. 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. Dr. Michael Cross, MD is a board certified orthopedic surgeon in Lafayette, Indiana. Dr. Michael M. Alexiades, MD | Lake Success, NY | Orthopedist | US News In Brill, the City of New York moved for summary judgment on the basis that it never had notice of the defect and therefore could not be liable for the plaintiff's personal injuries by law. In James, the defendant moved for summary judgment and the codefendant served its cross motion late but before the original motion had been decided; James held that the untimely cross motion should have been considered as the original motion was still pending and both could have been decided together. [*9]. While the Brill rule may have caused some practitioners and courts to wince at its bright line, by the time the motions at issue in this case were made, the Court of Appeals had already reiterated on more than one occasion, and in varying contexts, that it meant what it said (see Gibbs v St. Barnabas Hosp., 16 NY3d 74 [2010], citing Brill [dismissal after repeated failures to serve bill of particulars and noncompliance with enforcement order]; Andrea v Arnone, Hedin, Casker, Kennedy & Drake, Architects and Landscape Architects, P.C. It reasons that because Brill emphasizes the advantages of summary judgment, with which we of course agree, those advantages outweigh a consistent application of the statute. Tramways in le-de-France - Wikipedia Insurance Information for Hospital for Special Surgery | HSS As to HSS, the court clearly held that because the cross motion was filed impermissibly [*5]late with no reason offered for the lateness, it should be denied. See times, locations, directions & contact information for Dr. Michael Cross in Indianapolis, IN. with the kind of [*12]degeneration of the spinal cord [plaintiff] had, risk[ed] creating symptoms in the hands or feet. Sinai, and the only change in his condition was numbness in his right arm and hand, likely due to the development of carpal tunnel syndrome. at 236, citing Andrea, Miceli, Brill, and Kihl). I obviously highly recommend Dr. Cross and his team. Sign up for our free summaries and get the latest delivered directly to you. dr michael cross leaving hss 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. Maysville Radiology Group 991 Medical Park Dr Maysville, KY 41056. They work like a well-oiled machine. He then attended medical school at Vanderbilt University, graduating in 2006. Order, Supreme Court, New York County (Alice Schlesinger, J. Corp., 23 AD3d 202, 203 [1st Dept 2005]). HSS also argued that the claim of lack of informed consent should be dismissed, given that no procedure requiring consent had been performed. "Thus, the rationale for the court's denial was articulated as being that the "cross motion" was untimely. He has 16 years of experience. Dr. Murphy stated that the delays were a departure from the standards of good medical practice. According to the clinic notes, the doctors advised plaintiff that surgery would likely not result in the return of muscle function, but that there was "a slight chance" of improvement. Moreover, the exception discussed in Filannino allowing the courts to consider proper but untimely cross motions, at least as to issues shared with the original motion, addresses the dissent's concern that a cross-moving party might be caused to file its motion late because it had insufficient time before the deadline occurred. My stay at the Hotel for Special Surgery was flawless. hilton houston address. Our decision is not one on the merits of plaintiff's claim, and it is therefore premature to bemoan that we have opened a Pandora's box for surgeons. This site is protected by reCAPTCHA and the Google, New York Appellate Division, First Department, New York Appellate Division, First Department Decisions. Peter commented in his entry: I had an amazing experience with Dr. Cross and his team at the Hospital for Special Surgery. Save my name, email, and website in this browser for the next time I comment. Logically, if plaintiff did not sustain injury as a result of HJD's February 2005 decision, it follows that he did not sustain injury as a result of the similar December 2004 determination, approximately 2 months earlier, by HSS physicians to forego surgery, especially in light of plaintiff's long history of [*13]cervical disc disease. He did not separate the claims plaintiff made against HJD and HSS, and did not address the opinions of HJD's expert regarding causation. After residency, Dr. Cross completed a fellowship in Adult Reconstruction at Rush University Medical Center, where he won the Jorge O. Galante, MD Fellow Research Award. [*17]. He received his medical degree from University of Cincinnati College of Medicine and has been in practice for more than 20 years. Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. Top Hip Replacement and Knee Replacement Surgeons | HSS On January 10, 2012, [*6]well after the deadline for dispositive motions had passed, HSS "cross-moved" for summary judgment without providing any explanation whatsoever for its delay. Dr. Machler reported that plaintiff had mildly positive reactions to molybdenum, tobramycin, benzoic acid, and formaldehyde. Dr. Murphy conclusively states that plaintiff's condition progressively deteriorated during the period of treatment at defendant hospitals, yet he points to no objective evidence supporting this statement, despite the fact that the record contains numerous diagnostic tests over that period of time. HSS Names Michael P. Ast, MD, Vice-Chair and Chief Medical Innovation In April 2003, plaintiff again returned because he was experiencing increased weakness in his right upper arm. In our view, Brill expresses the Court's overall desire to curb "sloppy" litigation practices, one of them being late summary judgment motions. Find doctor Michael Brian Cross Orthopedic Surgeon physician in White Plains, NY. The answer is yes. In other words, Brill calls on the courts to lead by enforcing the words of the statute, rather than let attorney practice slowly eat away at the integrity of our judicial system. Here, at the time HSS submitted its untimely motion for summary judgment, the proceedings were already stayed by the concededly timely summary judgment motion brought by HJD. Strict and rigid application of Brill is even less understandable given the similarity of the grounds advanced by the respective hospitals in support of their summary judgment motions and the ground upon which disposition rests. Co., LLC (48 AD3d 337 [1st Dept 2008]), for the principle that there is an exception to Brill for cases where a late motion or cross motion is essentially duplicative of a timely motion. Finally, the majority adopts the trial court's conclusion that the expert's opinion is imprecise with respect to the nature of the alleged deterioration in plaintiff's condition and the extent to which each hospital bears responsibility. The motion court granted defendant HJD's motion for summary judgment and denied HSS's motion for the same relief. Plaintiff had "significant C-5 weakness of the right upper extremity." The majority concludes that plaintiff failed to demonstrate any injury sustained as a result of the delay in surgery and upholds the dismissal of the complaint as against HJD on this ground a result in which I wholly concur. Co., 3 NY3d 725 [2004], citing Brill [denying untimely filed summary judgment motion because although the plaintiff argued she had meritorious case, no reasonable excuse was provided as to the motion's late filing]; see also Casas v Consolidated Edison Co. of N.Y., Inc., 105 AD3d 471 [1st Dept 2013] [upholding order striking answer where the defendant offered no reasonable excuse for its failure to comply with discovery order and provide a meritorious defense]). Financial Disclosures. Alumni News. Dr. Michael Alexiades, MD - Lake Success, NY - Doximity Bonanno v. Mayman, 2019 N.Y. Slip Op. 33343 | Casetext Search + Citator Auth. 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. He then attended medical school at Vanderbilt University, graduating in 2006. We therefore affirm the branch of the motion court's order which denied HSS summary judgment as untimely made without consideration of its merits. Type a specific doctor's name, body part, procedure or condition, then choose from the options. While continuing at HJD, plaintiff also sought treatment at Mt. Lapin is one in a line of cases holding that an untimely cross motion may be considered on its merits when it and the timely motion address essentially the same issues. The value of enforcing the terms of the statute as written is that attorneys will make sure their motions are timely filed or that there is a good reason for the lateness. MedicineNet. This surgeon was submitted to G.O.S. "The failure to comply with deadlines not only impairs the efficient functioning of the courts and the adjudication of claims, but it places jurists unnecessarily in the position of having to order enforcement remedies to respond to the delinquent conduct of members of the bar, often to the detriment of the litigants they represent.
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