Javaid v. Jajoo
| Decision Date | 22 April 2015 |
| Docket Number | 2013-05753, Index No. 7472/10. |
| Citation | 2015 N.Y. Slip Op. 03327,9 N.Y.S.3d 79,127 A.D.3d 1027 |
| Parties | Tanweer JAVAID, et al., appellants, v. Krishana K. JAJOO, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
127 A.D.3d 1027
9 N.Y.S.3d 79
2015 N.Y. Slip Op. 03327
Tanweer JAVAID, et al., appellants
v.
Krishana K. JAJOO, et al., respondents.
2013-05753, Index No. 7472/10.
Supreme Court, Appellate Division, Second Department, New York.
April 22, 2015.
Mark L. Bodner, P.C. (Sullivan Papain Block McGrath & Cannavo, P.C., New York, N.Y. [Brian J. Shoot ], of counsel), for appellants.
Bartlett McDonough & Monaghan, LLP, Mineola, N.Y. (Robert G. Vizza of counsel), for respondents.
PETER B. SKELOS, J.P., RUTH C. BALKIN, SHERI S. ROMAN, and SYLVIA O. HINDS–RADIX, JJ.
Opinion
In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Brandveen, J.), dated March 27, 2013, as, upon reargument, in effect, vacated the determination in an order of the same court dated September 27, 2012, denying the defendants' motion pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred, thereupon converted that motion into one for summary
judgment dismissing the complaint as time-barred, and granted that motion.
ORDERED that the order dated March 27, 2013, is reversed insofar as appealed from, on the law, with costs, and, upon reargument, the defendants' converted motion for summary judgment dismissing the complaint as time-barred is denied.
The plaintiff Tanweer Javaid (hereinafter the injured plaintiff) was treated by the defendant Krishana K. Jajoo for various ailments from 1999 through 2007, before the injured plaintiff suffered a heart attack on May 28, 2007. Thereafter, he continued to see Jajoo until 2010. In April 2010, the injured plaintiff, and his wife suing derivatively, commenced this action alleging that Jajoo failed to timely diagnose and treat the injured plaintiff's cardiovascular disease. Jajoo and the defendant Krishana K....
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