After surgery, he was pain-free but did not recover a full range of motion in his upper left arm. Burns v Gonzalez, 307 AD2d 863, 864-865 [1st Dept 2003]; Garrison v City of New York, 300 AD2d 14, 15 [1st Dept 2002], lv denied 99 NY2d 510 [2003]). Sinai. 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 cross motion offers several advantages to the movant. HSS Orthopedics in Stamford, CT | Stamford Health Michael B. However, disregarding the untimeliness of HSS's motion, the court held that issues of fact precluded HSS from being granted summary judgment. Sinai, in October 2006, plaintiff returned to HJD's neurology clinic, reporting a lack of improvement in upper extremity strength, and some pain and numbness on the right arm and hand. Rather, we enforce the law as written by the legislature, and as explained in Brill. 535 E 70th St . Corp., 23 AD3d 202, 203 [1st Dept 2005]). In support of its motion, HSS even relies on the same affidavit by Dr. Olsewski submitted in support of HJD's motion. 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. 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). and Federico Pablo Girardi, M.D., both orthopedic surgeons at HSS. Cross M.D - Orthopaedic Surgeon | New York NY Co., 89 NY2d 425, 429 [1996]). Unlike the dissent, we do not find that a straightforward interpretation of the statute, or Brill, leads to "absurd and unintended consequences," especially as the Court of Appeals acknowledges in Brill that if the strictures of CPLR 3212(a) are applied "as written and intended," there may be situations where a meritorious summary judgment motion may be [*8]denied, "burdening the litigants and trial calendar with a case that in fact leaves nothing to try" as was the result in Brill (2 NY3d at 653). 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. Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. Its motion papers included an affidavit of a medical expert who discussed plaintiff's medical history as seen in the records. 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. In March of 2002, plaintiff returned to HSS with complaints of pain in his lower back and left leg. PDF Expert Opinion provided by Dr. Michael Cross 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. Michael B. OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. Jean McDaniel Award, American Association of Hip and Knee Surgeons Brill holds that to rein in these late motions, brought as late as shortly before trial, CPLR 3212(a) requires that motions for summary judgment must be brought within 120 days of the filing of the note of issue or the time established by the court; where a motion is untimely, the movant must show good cause for the delay, otherwise the late motion will not be addressed (see Isolabella v Sapir, 96 AD3d 427, 427 [1st Dept 2012]). In February 2005, plaintiff sought treatment at defendant New York University Medical Center Hospital for Joint Diseases (HJD). Dr. Michael Cross, MD | Lawrenceburg, IN | Radiation Oncology | Vitals "Thus, the rationale for the court's denial was articulated as being that the "cross motion" was untimely. Brill emphasizes that summary judgment is advantageous to the parties by "avoiding needless litigation cost and delay" and constitutes "a great benefit both to the parties and to the overburdened New York State trial courts" since it "may resolve the entire case" (Brill, 2 NY3d at 651). In Frelinghuysen's words, he and Girardi decided that surgery "would not help." Physical therapy, pain management and treatment in HJD's neurology, hand and shoulder clinics were recommended. Ctr., 123 AD2d 843 [2d Dept 1986]). At [HJD] he was a patient from only February 2005 to September 2005, and he was also a patient at Mt. However, for reasons bereft of any sound basis in law or judicial policy, it refuses, primarily on procedural grounds, to apply the same reasoning to dismiss the complaint as against HSS. Michael B. Saint Elizabeth Edgewood Hospital 1 Medical Village Dr Edgewood, KY 41017. Dr. Michael A. "Before this matter may proceed to trial, it will be necessary to decide, as a matter of law, whether a doctor has a duty to perform a surgical procedure requested by a patient despite, in the professional opinion of the doctor, the high risk and absence of benefit that such surgery entails. 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]). Both seek dismissal of the complaint on the identical ground that it was not a departure from good and accepted medical practice to forego surgery in favor of a conservative treatment plan, i.e., based on the severity of plaintiff's existing spinal disease and the low prospect of improving his condition, the decision not to subject plaintiff to the risk of quadriplegia or death was a sound medical decision. Can't say enough about how friendly the staff was at this facility. Dr. Cross is one of the most pleasant medical providers that I have ever come in contact with. Dr. Michael Alexiades, MD - Lake Success, NY - Doximity 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 Doctors: Book an Appointment Online Today Book online with our top ranked surgeons, physicians or specialists in orthopedics, rheumatology, or sports medicine. 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. HSS Orthopaedic Annual Report 2011-2012 - Issuu Dr. Michael P. Ast, MD is a health care provider primarily located in Paramus, NJ, with another office in New York, NY. To lend legal support to plaintiff's theory would place the surgeon in an impossible situation perform a procedure that is deemed to be ill-advised, taking into consideration the individual physician's experience and the available hospital facilities, and be subject to liability for any aggravation of the patient's condition or decline to operate and face liability for refusing to assume the substantial risk that surgery entails. RX Drugs & Medications Vitamins & Supplements. Although the system mainly runs in the . This site is protected by reCAPTCHA and the Google, New York Appellate Division, First Department, New York Appellate Division, First Department Decisions. HSS Doctors: Book an Appointment Online Today Dr. Petrizzo testified that the overwhelming majority of patients with cervical myelopathy do not regain function after decompression surgery. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. The Best of the Best in Orthopedic Surgery. Cross is a radiation oncologist. A late motion filing is properly entertained when it raises nearly identical issues to one timely made (see Lapin v Atlantic Realty Apts. He submitted the affidavit of his medical expert, Michael J. Murphy, M.D., an orthopedic surgeon practicing in Connecticut. with the kind of [*12]degeneration of the spinal cord [plaintiff] had, risk[ed] creating symptoms in the hands or feet. Cross, MD. The nurses and assistants were wonderful and were focused on managing my (intense) pain. He was no longer working and was receiving social security disability benefits. 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. [*17]. [*7]. Sign up for our free summaries and get the latest delivered directly to you. Appellate Division, First Department Tel: (212) 606-1000. ), entered July 16, 2012, affirmed, without costs. Dr. Machler reported that plaintiff had mildly positive reactions to molybdenum, tobramycin, benzoic acid, and formaldehyde. 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. 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. This surgeon was submitted to G.O.S. Plaintiff commenced his lawsuit in May 2007, claiming medical malpractice and failure to secure informed consent. Alumni News. We help patients restore the quality of life they deserve and desire. The result will be judicial economy, as well as lawyerly economy. 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. Dr. Michael B. Cross, MD | Lafayette, IN | Orthopedist | US News Doctors At a follow-up visit in June 2003, he was told that he might not fully recover his right arm motor loss; he was "somewhat disappointed" but acknowledged that his 1994 surgery had a similar result as to his left side. Michael B. Cross, MD - 1133 Westchester Ave, White Plains, NY 10605 Plaintiff's MRI was reviewed and it was determined that surgery was not indicated. Feinman, J. The undesirable practice sought to be prevented by revision of CPLR 3212(a) is the waste of resources expended in preparation for trial as the result of a belated summary judgment motion staying the proceedings. Electronic tests revealed that plaintiff's cervical condition was significantly the same as in 2005 which supported Dr. Hecht's post surgical findings. DEPUTY CLERK 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). 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. Here, the modestly late motion submitted by HSS sought relief on the same issues raised in HJD's timely motion. 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.". Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. I simply note that Brill is inapposite to the facts of this matter and that both the decision and the statute it construes apply only to a party whose motion has the effect of staying and delaying trial. New York State Society of Orthopaedic Surgeons Likewise, there is no indication that plaintiff was prepared to undergo the procedure prior to October 2004, when he first consulted with Dr. Freylinghuysen. On October 1, 2004, plaintiff first met with defendants Peter Frelinghuysen, M.D. He currently practices at Hospital for Special Surgery and is affiliated with Hospital For Special Surgery. hilton houston address. Thus, there were issues of fact raised "as to the advisability of surgery sufficient to defeat the motion for summary judgment on the merits.". (108 AD3d 403, 404 [1st Dept 2013]) 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." Find expert care and book online. 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. Request an Appointment 317.275.6191 (Fax: 317.884.5360) Meet Dr. Michael Cross Dr. Cross earned his bachelor's degree from Washington University in St. Louis in 2002. Footnotes Drugs & Supplements. Dr. Michael Brian Cross has 13 locations Orthoindy Northwest 8450 Northwest Blvd Indianapolis, IN 46278 (317) 802-2000 ACCEPTING NEW PATIENTS Michael Cross MD 535 E 70th St Fl 7 Ste 710 New York, NY 10021 (212) 774-2114 Dr. Michael Cross' Practice 523 E 72nd St Fl 7 New York, NY 10021 (212) 774-2127 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). 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. Tom, J.P., Acosta, Saxe, Freedman, Feinman, JJ. Overall rating 4.92 Wait time 3.69 Bedside manner 4.85 Your trust is our top concern, so providers can't pay to alter or remove reviews. Dr. Frelinghuysen testified that, in or about December 2004, after he reviewed plaintiff's film with Dr. Frederico Girardi, another HSS orthopaedic surgeon, he decided that surgery was not an option for treating plaintiff because it would expose plaintiff to myriad risks, and not improve his condition. Plaintiff subsequently underwent the subject procedure at nonparty Mt. 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. Our focus is the rehabilitation of lives, delivered through evidenced-based therapy, with . . Auto. His specialties include Orthopedic Surgeon. 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. Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. I even liked the food I compared it to high-end diner fare). 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.). Skip to main content. 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). 211 likes. The motion by HSS was submitted shortly after the end of the holiday season on January 10, 2012, and the respective motions were finally decided by the motion court on July 16, 2012, over seven months later. The Mt. 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." 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.". Footnote 1: To reiterate, it was the timely motion by HJD that delayed trial, not the motion submitted by HSS while HJD's motion was pending, a situation addressed neither by the statute nor Brill. Hospital for Special Surgery Florida | Orthopaedic Services | Fort Peltz & Walker, New York (Bhalinder L. Rikhye of counsel), for appellants-respondents. at 652). Peter commented in his entry: I had an amazing experience with Dr. Cross and his team at the Hospital for Special Surgery. We do not hold that when a summary judgment motion is filed past the deadline, the court must automatically reject it. Thus, plaintiff failed to rebut HJD's prima facie entitlement to summary judgment. 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. In the opinion of HJD's expert, surgery would have been an "unjustifiable and extraordinarily risky and aggressive treatment option," as no surgery would have been able to reverse plaintiff's "significant" neurological deficits that had existed for many years. Of course, it must be pointed out that the cross-movant would have good cause for its late motion in that situation, and the cross motion would be evaluated on its merits (see e.g. Moreover, while there is mention of a surgical option in the 2004 hospital records, the evidence does not show that evaluation of the attendant risks and benefits was undertaken until October 2004, culminating in the December 2004 decision that the associated risk was too great. Dr. Michael B. Cross, MD 523 E 72nd Street, 7th Floor New York, NY 10021 Patient reviews All reviews have been submitted by patients after seeing the provider. 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]). There is nothing in the language of the statute to suggest this and it opens the door to abuse; once one movant has timely filed, any other party can argue that its motion, no matter when filed, should be addressed. ", 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. 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. Mr. Michael Brian Cross M.d. Npi 1235397043 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. He is board certified in Orthopedic Surgery and graduated from VANDERBILT UNIV SCH. Dr. Cross is board-certified with several association memberships, including the American Academy of Orthopaedic Surgeons, the New York State Society of Orthopaedic Surgeons, the American Association of Hip and Knee Surgeons, the Orthopaedic Research Society, and the Musculoskeletal Infection Society. In addressing this problem, the Court of Appeals noted that "the Legislature struck a balance, setting an outside limit on the time for filing summary judgment motions, but allowing the courts latitude to set an alternative limit or to consider untimely motions to accommodate genuine need" (Brill, 2 NY3d at 651). Dr. Cross completed his internship at New York-Presbyterian/Weill Cornell Medical Center in 2007 and his residency at Hospital for Special Surgery in New York in 2012 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. 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. 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. Dr. Michael Cross, MD is a orthopedic surgery specialist in New York, NY. Michael Cross is a provider established in Indianapolis, Indiana and his medical specialization is Orthopaedic Surgery with more than 17 years of experience. The Jewish Hospital 4777 E Galbraith Rd Cincinnati, OH 45236. Dr. Michael Cross, MD | Indianapolis, IN | Orthopedic Surgery | Vitals About eight years later, in March 2002, plaintiff returned to HSS complaining of lower back pain and severe left leg pain; he was treated with a course of steroid injections. Plaintiff returned to HSS in June 2004 complaining of increasing right shoulder dysfunction and neck pain, and decreasing balance. Thus, his opinion is an ambiguous statement of causation, amounting to bare conjecture, which is insufficient to defeat a motion for summary judgment (see Foster-Sturrup v Long, 95 AD3d 726, 728-729 [1st Dept 2012]; Callistro v Bebbington, 94 AD3d 408, 410-411 [1st Dept 2012], affd 20 NY3d 945 [2012]). Sinai, where he was first seen in the orthopedic clinic on April 21, 2005. Find Hospital for Special Surgery on the . Dr. Michael Cross, MD, Orthopedic Surgery Specialist - New York, NY Michael B Cross Mid-flexion instability (MFI) in total knee arthroplasty refers to a distinct clinical entity where the knee is stable at full extension and 90 of flexion, but unstable. The cross movant may rely on the papers submitted with the main motion to support the relief sought. Dr. Michael M. Alexiades, MD | Lake Success, NY | Orthopedist | US News The motion court granted defendant HJD's motion for summary judgment and denied HSS's motion for the same relief. Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and rev Michael B. I am returning on Oct 9, 2020, for my left knee and am actually looking forward to it. However, the City gave no explanation for why its motion was made close to a year after the trial calendar papers were filed. Your email address will not be published. HSS Orthopedics Joins Forces With Stamford Health. Dr. Michael B. Ten months after the surgery at Mt. The progress notes from June 25, 2005 indicate, in part, that he had "marked stenosis throughout spine," and "marked atrophy at both shoulder girdles." ), 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 It is a distorted analysis of my position. new york, ny zip 10021-099 phone: (212) 774-2114 fax: (646) 797-8298 The provider's authorized official is Michael B Cross . Dr. Ast is affiliated with Hospital For Special Surgery and Hospital for Special Surgery. However, the expert failed to support his assertion with an analysis of the multiple diagnostic tests and physical examinations conducted over the years. 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. As most recently articulated in Gibbs: Some decisions also reason that because CPLR 3212(b) gives the court the power to search the record and grant summary judgment to any party without the necessity of a cross motion, the court may address an untimely cross motion at least as to the causes of action or issues that are the subject of the timely motion (see Filannino, 34 AD3d at 281, citing Dunham v Hilco Constr. It is true that since Brill was decided, this Court has held, on many occasions, that an untimely but correctly labeled cross motion may be considered at least as to the issues that are the same in both it and the motion, without needing to show good cause (see e.g. The motion court also correctly denied summary judgment to HSS because its motion was untimely made without any explanation for its untimeliness, let alone good cause (see CPLR 3212[a]). 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. It wrote, . 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.
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