The Jewish Hospital 4777 E Galbraith Rd Cincinnati, OH 45236. FOX REHABILITATION - 11 Photos & 12 Reviews - 7 Carnegie Plz, Cherry The days prior to my operation contain numerous phone calls making sure I knew where I was going and what I should expect. You're all set! The majority concludes that summary disposition is precluded by the Court of Appeals' decision in Brill v City of New York (2 NY3d 648 [2004]), without reference to the judicial policy espoused in the opinion. Dr. Cross joined HSS as a clinician-scientist and currently has over 55 publications and has received numerous research awards at local, regional, and national levels, including the 2013 Frank Stinchfield Award from the Hip Society and the 2013 OREF/ORS Travel Award in Translational Research from the Orthopaedic Research Society. My stay at the Hotel for Special Surgery was flawless. He met with another HSS doctor on October 22, 2004, who wrote that the plan was to have plaintiff return in November to see Frelinghuysen "for booking of his anterior disc fusion surgery." 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. Nor is this court's recent holding in Levinson v Mollah (105 AD3d 644 [1st Dept 2013]) on point. HSS Orthopaedic Annual Report 2011-2012 - Issuu Jewish-Hillside Med. Time Program Topic Faculty; Orthopaedic Summit. The evidence will be construed in the light most favorable to the one moved against (see Young v New York City Health & Hosps. "It is well settled that the duty owed by one member of society to another is a legal issue for the courts' (Eiseman v State of New York, 70 NY2d 175, 187 [1987]). Brill v City of New York (2 NY3d 648 [2004]) addressed the "recurring scenario" of litigants filing late summary judgment motions, in effect "ignor[ing] statutory law, disrupt[ing] trial calendars, and undermin[ing] the goals of orderliness and efficiency in state court practice" (2 NY3d at 650). In addition, he was voted by the faculty as the Distinguished Housestaff Award winner at NewYork-Presbyterian Hospital/Weill Cornell Medical Center. As the Court of Appeals has admonished, " No opinion is an authority beyond the point actually decided, and no judge can write freely if every sentence is to be taken as a rule of law separate from its association'" (Matter of Staber v Fidler, 65 NY2d 529, 535 [1985], quoting Dougherty v Equitable Life Assur. Dr. Ast is affiliated with Hospital For Special Surgery and Hospital for Special Surgery. He has 16 years of experience. 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. (108 AD3d 403, 404 [1st Dept 2013]) ), entered July 16, 2012, affirmed, without costs. A late motion filing is properly entertained when it raises nearly identical issues to one timely made (see Lapin v Atlantic Realty Apts. ), 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 The dissent considers our application of Brill in this instance to be "rote," and that our interpretation is antithetical to that decision's policy considerations of preventing eve-of-trial summary judgment motions. The clinic notes also indicate that plaintiff told the examining physician that he had recently secured a job and was not interested "whatsoever" in immediate surgery; plaintiff disputes this and says he was not working at that time. Get free summaries of new New York Appellate Division, First Department opinions delivered to your inbox! If it was indeed the Legislature's intent to preclude dilatory conduct, not to deprive a court of the ability to resolve an entire case summarily, then it falls within the observation of the United States Supreme Court in Holy Trinity Church v United States (143 US 457, 472 [1892]) that "however broad the language of the statute may be, the act, [*15]although within the letter, is not within the intention of the legislature, and therefore cannot be within the statute.". Dr. Michael Ast, MD - New York, NY | Orthopaedic Surgery - Doximity An overly expansive application of Brill invites unintended consequences following from the Legislature's 1996 amendment of CPLR 3212(a). Of these, only molybdenum is a metal. Dr. Michael Cross - Great Orthopedic Surgeons 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. MedicineNet. Plaintiff opposed defendants' motions for summary judgment, although he did not address the claim of lack of informed consent. This surgeon was submitted to G.O.S. 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. Twelve lines are currently operational (counting Lines T3a and T3b as separate lines), with extensions and additional lines in both construction and planning stages. Specialties. Sinai orthopedic surgeon observed that he did not "see a substantial neurologic improvement on [his] objective testing, but the patient does feel subjectively like he is improving.". The motion court properly dismissed the case as against HJD. World-Renowned Experts Focused on You As leaders in the field, the doctors at HSS Florida have years of experience in caring for people with all types of orthopedic conditions, from persistent knee pain to shoulder injuries. Our focus is the rehabilitation of lives, delivered through evidenced-based therapy, with . According to plaintiff, he understood that surgery would be performed in late December, and he began obtaining the necessary medical clearances. The result will be judicial economy, as well as lawyerly economy. Physical therapy, pain management and treatment in HJD's neurology, hand and shoulder clinics were recommended. 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. Unfairness to one party is not remedied by applying the statute to the detriment of another.[FN1]. 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. by Peter Gordon. Dr. Michael Cross, MD works in New York, NY as an Orthopedic Surgery Specialist and has 16 years experience. Plaintiff's expert does not even address the question of whether, taking plaintiff's obviously compromised physical condition into account, it was a departure from good and accepted medical practice to pursue a conservative course of treatment rather than assume the risk of surgical intervention. From the time of my first phone call to my most recent post-op consultation I knew I was in the hands of a pre-eminent surgical team. Dr. Machler reported that plaintiff had mildly positive reactions to molybdenum, tobramycin, benzoic acid, and formaldehyde. The Hospital for Special Surgery a pre-eminent facility for musculoskeletal health and orthopedics and a New . At his next visit on November 12, 2004, a different doctor indicated in the clinic notes that Frelinghuysen and Girardi had recommended "what sounds like a two-level anterior cervical decompression and fusion," and that plaintiff would follow up in one week "to discuss surgery" [*3]with Frelinghuysen [FN1]. 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. On October 1, 2004, plaintiff first met with defendants Peter Frelinghuysen, M.D. In Frelinghuysen's words, he and Girardi decided that surgery "would not help." Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and rev Michael B. While courts have deemed this mislabeling a "technical" defect which will be disregarded, particularly where the nonmovant does not object and it results in no prejudice to the nonmoving party (see Sheehan v Marshall, 9 AD3d 403, 404 [2d Dept 2004]), in this case the nature of nonmovant plaintiff's opposition is that there was prejudice because to the extent the court deems HSS's motion a cross motion, the Brill rule is ignored. This is an aberrant medical malpractice action brought against two hospitals for declining to provide additional surgical treatment to plaintiff because, in their estimation, further surgical intervention presented an unjustifiable risk of quadriplegia or death and offered little to no prospect of relieving his symptomatology. Dr. Michael Ast, MD | Paramus, NJ | Orthopedic Surgeon | Vitals Dr. Michael Alexiades, MD - Lake Success, NY - Doximity Cross appeals from the order of the Supreme Court, [*7]. 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. Rather, we enforce the law as written by the legislature, and as explained in Brill. Peter commented in his entry: I had an amazing experience with Dr. Cross and his team at the Hospital for Special Surgery. As this Court recently noted in Williams v New York City Tr. According to Girardi, after viewing the films, in his opinion the severity of plaintiff's spinal disease and the low prospect of improvement did not warrant the risks of surgery. The motion court granted HJD's motion and denied the motion of HSS. The clinic notes indicated that plaintiff "need[ed] a decompression at C3-4, C4-5 and C6-7," that "probably" this would be done in an anterior approach, and that "surgery will be booked in the near future." dr michael cross leaving hss. Sinai. 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. Hospital for Special Surgery scores more room to operate [Habiterra Assocs. Even if we were to find that the Court of Appeals intended for an exception to be carved out of Brill for incorrectly labeled "me too cross motions," that is, motions relying on the arguments and evidence of the originally filed motions, to the extent HSS's motion against a nonmoving party can be properly considered such a motion, the motion court correctly found that it is not merely a duplication of HJD's timely motion. 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. Footnote 3: In Cadichon v Facelle (18 NY3d 230 [2011]), the Court reversed a "ministerial" dismissal based on the failure to timely file the note of issue because the trial court did not provide notice to the parties or issue a formal order; the decision notes that the record showed that neither set of parties acted "with expediency in moving the case forward," and that deadlines must not be disregarded (id. Dr. Cross earned his bachelors degree from Washington University in St. Louis in 2002. OrthoIndy Hospital is physician-owned and operated. The dissent would seemingly limit the reach of Brill to those actions where a party files a motion for summary judgment long after the deadline for dispositive motions and the matter is on the trial calendar. Dr. Cross is board certified in Orthopedic Surgery.