Jenna Lynn Pahlad vs. Lois Brustman, M.D., 1 No. 81 SSM 1 (N.Y. 2007)

Text

---

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

--------------------------

1 No. 81 SSM 1

Jenna Lynn Pahlad, an Infant, by the Appointed Guardian of her Properties, Daniel Berger, et al., Appellants, v. Lois Brustman, M.D., et al., Respondents.

Submitted by Benjamin Heinrich, for appellants.

Submitted by Steven C. Mandell, for respondents.

MEMORANDUM:

The order of the Appellate Division should be affirmed with costs. Plaintiffs had "timely awareness of the facts requiring [them] to make further inquiry before the statute of limitations expired," and an equitable estoppel defense to the statute of limitations is therefore "inappropriate as a matter of law" (see Putter v North Shore Univ. Hosp., 7 NY3d 548, 553-554 [2006]).

* * * * * * * *

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided March 27, 2007

---