Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. Dr. Michael Cross, MD | Indianapolis, IN | Orthopedic Surgery | Vitals 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. Dr. Michael Cross, MD is a orthopedic surgery specialist in New York, NY. Hospital For Special Surgery. However, bending the rule results in the practical elimination of the "good cause shown" aspect of CPLR 3212(a), and the clear intent of Brill. Unlike Brill, the circumstances presented by the instant matter do not furnish a compelling reason to depart from prior authority affording a court discretion to entertain a marginally late filing where the party's application has merit and no prejudice has been demonstrated by an adversary (see e.g. Alumni News. Book online with our top ranked surgeons, physicians or specialists in orthopedics, rheumatology, or sports medicine. 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. Dr. Olsewski opined that based upon plaintiff's medical, diagnostic and surgical history, further cervical surgery would have been an "unjustifiable and extraordinarily risky and aggressive treatment option." The result will be judicial economy, as well as lawyerly economy. 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. The dissent's approach of judging a motion's merits without consideration of why it was untimely, can only lead to uncertainty and additional litigation as motions clearly barred by Brill become arguably permissible because one of the litigants perceives the motion to have merit and perceives no prejudice to the other side. As to the procedural issue raised, the majority has devised a solution to a problem recognized neither by the Legislature nor the Court of Appeals. Cross appeals from the order of the Supreme Court, New York County (Alice Schlesinger, J. dr michael cross leaving hss. Because of the particular procedural posture of this matter, the order directing that it proceed to trial is ultimately futile, but application of the majority's rationale will unnecessarily burden both courts and litigants. and Federico Pablo Girardi, M.D., both orthopedic surgeons at HSS. 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. A bitter divorce between a top New York City spine surgeon and his beauty-queen wife was quickly settled Monday after he filed court papers making tawdry accusations that she was moonlighting as. (108 AD3d 403, 404 [1st Dept 2013]) This site is protected by reCAPTCHA and the Google, New York Appellate Division, First Department, New York Appellate Division, First Department Decisions. Lapin relied on Altschuler v Gramatan Mgt., Inc. (27 AD3d 304 [1st Dept 2006]), which held it proper to consider the untimely "cross motion," in particular because it was "largely based" on the same arguments raised in the timely motion for summary judgment, and the same findings would apply for both it and the timely motion. Visit Website. He is board certified in Orthopedic Surgery and graduated from VANDERBILT UNIV SCH. Contact; Help; Partners; Blog; Press; Product; . On October 1, 2004, plaintiff first met with defendants Peter Frelinghuysen, M.D. 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 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. However, disregarding the untimeliness of HSS's motion, the court held that issues of fact precluded HSS from being granted summary judgment. In June 2004, plaintiff returned to HSS with continuing complaints of progressive right shoulder weakness, increased neck pain and decreased balance. HSS did not merely rely on the papers amassed by HJD, and as the motion court correctly noted, "[d]ifferences [in the factual record] necessarily exist because [plaintiff] was a patient at HSS for an extended time before he came to [HJD]" and he was "a patient [at HJD] from only February 2005 to September 2005. 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." [Habiterra Assocs. This is also reflected in their individual motion papers. carlson extra wide pet gate with lift handle prince of peace premium jasmine green tea You already receive all suggested Justia Opinion Summary Newsletters. Sinai for much of that time. Electronic tests revealed that plaintiff's cervical condition was significantly the same as in 2005 which supported Dr. Hecht's post surgical findings. Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. Orthopaedic Research Society, Make an appointment with Hip, knee surgeons with NYC's best value outcomes at HSS Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. Therefore, the motion must be denied as untimely. 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.

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