dr michael cross leaving hss

In short, the HSS "cross motion" was more than a late "me too" motion and should not have been considered on its merits. A late motion filing is properly entertained when it raises nearly identical issues to one timely made (see Lapin v Atlantic Realty Apts. 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]). Auth. Particularly absent from the discourse is any consideration of the significant burden to be imposed on the court in presiding over a trial against HSS as opposed to proceeding summarily by way of motion. Therefore, the motion must be denied as untimely. Jorge O. Galante, MD Fellow Research Award Dr. Michael Cross | Total Joint Replacement | OrthoIndy Hip & Knee Doctor 523 e 72nd st attention: michael cross, m.d. Co-Chief of the Sports Medicine and Shoulder Service, and John Cavanaugh, PT, MEd, ATC, SCS, Clinical Supervisor, HSS Sports Rehabilitation and Performance Center, at the 2012 Summer Olympic. Corp., 23 AD3d 202, 203 [1st Dept 2005]). Dr. Murphy stated that the delays were a departure from the standards of good medical practice. OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. 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. He currently practices at Hospital for Special Surgery and is affiliated with Hospital For Special Surgery. He graduated medical school from Vanderbilt University as a member of the Alpha Omega Alpha Medical Honor Society. Quite likely, the City's legal argument would have been dispositive. HSS Orthopaedic Annual Report 2011-2012 - Issuu Menu. The days prior to my operation contain numerous phone calls making sure I knew where I was going and what I should expect. 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. Hospital for Special Surgery/Cornell Medical Center Residency, Orthopaedic Surgery, 2007 - 2012. 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. In the case at bar, HSS relies on Lapin v Atlantic Realty Apts. Our focus is the rehabilitation of lives, delivered through evidenced-based therapy, with . 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). In Frelinghuysen's words, he and Girardi decided that surgery "would not help." Education VANDERBILT UNIV SCH OF MED, Medical School 2006 Jewish-Hillside Med. NYC surgeon, beauty-queen wife settle divorce amid hooker allegations An overly expansive application of Brill invites unintended consequences following from the Legislature's 1996 amendment of CPLR 3212(a). Sinai for much of that time. Find doctor Michael Brian Cross Orthopedic Surgeon physician in White Plains, NY. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. Hip, knee surgeons with NYC's best value outcomes at HSS Newsroom Contacts Tracy Hickenbottom Assistant Vice President, Public Relations & Social Media mediarelations@hss.edu (212) 606-1197 Noelle Carnevale Associate Director, Public Relations mediarelations@hss.edu (212) 606-1197 Rachael Rennich Senior Manager, Public Relations My stay at the Hotel for Special Surgery was flawless. Twelve lines are currently operational (counting Lines T3a and T3b as separate lines), with extensions and additional lines in both construction and planning stages. We are in agreement that this action was properly dismissed as against HJD; however, a procedural bar is perceived by the majority to prevent this Court from summarily disposing of the action as against HSS. Plaintiff undertook these programs through HJD's clinic, and was treated continuously until September of 2005. Dr. Michael B. Cross, MD | Lafayette, IN | Orthopedist | US News Doctors Plaintiff returned to HSS in June 2004 complaining of increasing right shoulder dysfunction and neck pain, and decreasing balance. 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). "[FN4] There are sufficient discrepancies in the record and in the experts' opinions that raise questions of fact regarding HSS's course of treatment beginning in 2004, if not earlier. Altschuler, in turn, relied on a pre-Brill decision, James v Jamie Towers Hous. Were the motions properly labeled they would not be judicially considered without an explanation for the delay. PDF Expert Opinion provided by Dr. Michael Cross Given the budgetary constraints presently confronted by the court system, this is hardly a fitting time to require trial of a matter devoid of apparent merit and otherwise amenable to disposition on motion, and the "genuine need" to be accommodated is that of the court to proceed expeditiously (id.). In Brill, the City of New York moved for summary judgment on the basis that it never had notice of the defect and therefore could not be liable for the plaintiff's personal injuries by law. Both HSS and HJD established their prima facie entitlement to summary judgment, proffering evidence that plaintiff did not sustain any injury resulting from the respective institutions' independent decisions to recommend against further surgery. Contact; Help; Partners; Blog; Press; Product; . Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. Dr. Michael P. Ast, MD is a health care provider primarily located in Paramus, NJ, with another office in New York, NY. All rights reserved. fact, barring summary resolution. However, disregarding the untimeliness of HSS's motion, the court held that issues of fact precluded HSS from being granted summary judgment. Dr. Michael M. Alexiades is an orthopedist in Lake Success, New York and is affiliated with multiple hospitals in the area, including Hospital for Special Surgery and New York-Presbyterian. Plaintiff cites no precedent for imposing liability under these circumstances, and no comparable New York case has been located. Although raised in the context of a purported "cross motion," resolution of this appeal requires us to once again revisit the issue of untimely summary judgment motions. Skip to main content. Dr. Michael A. Cross, MD | Radiation Oncologist | US News Doctors You're all set! . Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. In opposition plaintiff's expert did not offer an opinion as to what specific injury plaintiff endured as a result of HJD's decision not to perform surgery and made only broad conjectures which were insufficient to defeat HJD's motion (see Foster-Sturrup v Long, 95 AD3d 726 [1st Dept 2012]; Callistro v Bebbington, 94 AD3d 408 [1st Dept 2012], affd 20 NY3d 945 [2012]). Michael Brian Cross Orthopedic Surgeon White Plains, NY MedicineNet HSS Names Michael P. Ast, MD, Vice-Chair and Chief Medical Innovation florida math book ban examples - foyerhub.com 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 best working with the best. HSS-GR eConsult Second Opinion Sample - Issuu 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. All Sessions by Michael B. Dr. Michael Cross, MD - Lafayette, IN | Orthopaedic Surgery Order, Supreme Court, New York County (Alice Schlesinger, J. Cross, MD . FIND A DOCTOR. New York, NY, 10021. HSS admitted that its motion seeking summary judgment and dismissal of the complaint as against it was filed nearly two months after the court-imposed deadline for making dispositive motions,[FN2] but argued that it should be considered because it sought relief on the same issues raised in codefendant HJD's timely motion. 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. Plaintiff had a history of severe cervical disc disease going back to 1989. Find a Doctor: By Name, Specialty, Location & Insurance Sinai. Co., 89 NY2d 425, 429 [1996]). 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." With the advantage of hindsight, the doctor offers that "[w]hile further diagnostic studies were not inappropriate, they did not contribute any substantial information which would alter the indicated treatment." Accordingly, the order of the Supreme Court, New York County (Alice Schlesinger, J. 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 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]). HSS argued to the motion court, as it does to this Court, that its motion should be considered on the merits because it merely presents the same arguments made by HJD. He then attended medical school at Vanderbilt University, graduating in 2006. We help patients restore the quality of life they deserve and desire. Contrary to the majority's assertion, I do not advocate limiting application "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." According to the patient notes, the examining physician found severe upper extremity atrophy. On October 1, 2004, plaintiff first met with defendants Peter Frelinghuysen, M.D. Plaintiff had "significant C-5 weakness of the right upper extremity." HSS Doctors: Book an Appointment Online Today 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). Cross, MD. 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. Thus, the primary objective of Brill to discourage dilatory conduct is not implicated (see Fofana v 41 W. 34th St., LLC, 71 AD3d 445, 448 [1st Dept 2010], lv denied 14 NY3d 713 [2010]). 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. His specialties include Orthopedic Surgeon. As to HSS, the court noted that the motion was clearly untimely, without explanation. According to plaintiff, he understood that surgery would be performed in late December, and he began obtaining the necessary medical clearances. However, the Court of Appeals intended no such exception, and to the extent this Court has created one, it did so, whether knowingly or unwittingly, by relying on precedents which predate Brill and which, if followed, will continue to perpetuate a culture of delay. Tue 7:00 am . for cervical spine cases. There is no suggestion that the narrow interpretation imposed upon the term "good cause" in Brill is meant to apply in circumstances, such as here, where a timely motion is followed by a corresponding motion that is not. HSS also argued that the claim of lack of informed consent should be dismissed, given that no procedure requiring consent had been performed. Allowing movants to file untimely, mislabeled "cross motions" without good cause shown for the delay, affords them an unfair and improper advantage. Dr. Michael Cross - Great Orthopedic Surgeons 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. Nonmovants will suffer no prejudice. Type a specific doctor's name, body part, procedure or condition, then choose from the options. 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. ], 5 NY3d 514 [2005], citing Brill [dismissal after ongoing failure to comply with discovery orders]; Miceli v State Farm Mut. The gravamen of his claim is that HSS and HJD failed to timely perform surgery upon him, leaving him with neurological and muscular damage that would not have occurred had the surgery been performed earlier. The majority thereby dispenses with the salutary aspects of summary disposition acknowledged in Brill for no apparent purpose. The nurses and assistants were wonderful and were focused on managing my (intense) pain. Thus, plaintiff failed to rebut HJD's prima facie entitlement to summary judgment. Plaintiff testified that on his third visit with Frelinghuysen in December 2004, the doctor told him that they could not do the surgery, but did not give him "a reason that made any sense." Can't say enough about how friendly the staff was at this facility. 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.). dr michael cross leaving hss. I obviously highly recommend Dr. Cross and his team. Acknowledgment Hospital for Special Surgery gratefully thanks the Autumn Benefit Committee for ongoing support and major funding for . 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]). This surgeon was submitted to G.O.S. 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. Hospital for Special Surgery Florida | Orthopaedic Services | Fort Removal of Skunks, Raccoons, Squirrels, Bats, Snakes, and More! [FN3] 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 you know this doctor and/or would like to share more about his good work please feel free to add a comment below. If you need help finding an appropriate doctor who takes your insurance, contact our HSSConnect at 877.606.1555. The Jewish Hospital 4777 E Galbraith Rd Cincinnati, OH 45236. Here, the modestly late motion submitted by HSS sought relief on the same issues raised in HJD's timely motion. In October, 2006, plaintiff returned to HJD again complaining of continued lack of strength in upper extremity and numbness and pain in the right arm and hand. Dr. Cross is board certified in Orthopedic Surgery. Thus, Brill cannot be said to reflect an intent to abandon the conspicuous advantages of summary judgment for the sake of procedural formalism.