Nachbaur v. St. Luke's-Roosevelt Hosp. Ctr., 263 A.D.2d 361 (N.Y. App. Div. 1999). · Go Syfert
Nachbaur v. St. Luke's-Roosevelt Hosp. Ctr., 263 A.D.2d 361 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Ruiz (nyappdiv, 2017-03-02)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Ruiz
N.Y. App. Div. · 2017 · confidence medium
Here, although the types of locations involved in the three incidents differed, they are fundamentally similar in that they reveal a continuing partnership between defendant and Warner to take the property of others by force of arms (see People v Arafet, 13 NY3d at 466 ; People v Whitley, 14 AD3d 403, 405 [2005], lv denied 4 NY3d 892 [2005]; People v Torres, 249 AD2d 19, 19-20 [1998], lv denied 92 NY2d 907 [1998]; People v Palmer, 263 AD2d 361, 362 [1999], lv denied 93 NY2d 1024 [1999], cert denied 528 US 1051 [1999]).
discussed Cited as authority (rule) People v. Ruiz
N.Y. App. Div. · 2017 · confidence medium
Here, although the types of locations involved in the three incidents differed, they are fundamentally similar in that they reveal a continuing partnership between defendant and Warner to take the property of others by force of arms (see People v Arafet, 13 NY3d at 466 ; People v Whitley, 14 AD3d 403, 405 [2005], lv denied 4 NY3d 892 [2005]; People v Torres, 249 AD2d 19, 19-20 [1998], lv denied 92 NY2d 907 [1998]; People v Palmer, 263 AD2d 361, 362 [1999], lv denied 93 NY2d 1024 [1999], cert denied 528 US 1051 [1999]).
cited Cited as authority (rule) People v. Arafet
N.Y. App. Div. · 2008 · confidence medium
People v Whitley, 14 AD3d 403, 405 [2005], Iv denied 4 NY3d 892 [2005]; People v Palmer, 263 AD2d 361, 362 [1999], Iv denied 93 NY2d 1024 [1999], cert denied 528 US 1051 [1999]).
discussed Cited as authority (rule) People v. Whitley
N.Y. App. Div. · 2005 · confidence medium
Instead, evidence that, soon after the charged crime, he committed another robbery with the same partner established a continuing criminal relationship between the two men, and thus provided circumstantial evidence on the issue of identity (see People v Palmer, 263 AD2d 361, 362 [1999], lv denied 93 NY2d 1024 [1999], cert denied 528 US 1051 [1999]; People v Torres, 249 AD2d 19 [1998], lv denied 92 NY2d 907 [1998]; see also People v Laverpool, 267 AD2d 93 [1999], lv denied 94 NY2d 904 [2000] [use of uncharged crimes to prove identity not limited to unique modus operandi situation]).
Retrieving the full opinion text from the archive…
Edwin Nachbaur
v.
St. Luke's-Roosevelt Hospital Center
Appellate Division of the Supreme Court of the State of New York.
Jul 1, 1999.
263 A.D.2d 361
1999 N.Y. App. Div. LEXIS 7782
Cited by 1 opinion  |  Published

—Order, Supreme Court, New York County (Karla Moskowitz, J.), entered April 8, 1998, which granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

When applying a Statute of Limitations, courts look to the essence of the stated claim and not the label by which a plaintiff chooses to identify it (Meyer v Shearson Lehman Bros., 211 AD2d 541, 542-543). Plaintiff’s claims with respect to the two 1993 incidents are for battery, not medical malpractice, and, in any event, would be barred by the two and a half-year Statute of Limitations for medical malpractice. With respect to the 1995 incident, the occurrences of which plaintiff complains — being beaten up by defendant hospital’s security personnel and detained for a long period of time — were unrelated to any course of medical treatment, and, if anything, constitute causes of action for battery and false imprisonment (see, Restatement [Second] of Torts §§ 18, 35). Plaintiff cannot avoid the one-year Statute of Limitations for these causes of action (CPLR 215 [3]) by arguing that there would have been no need for security personnel “but for” defendant’s malpractice in refusing to refer him for physical therapy. Concur — Rosenberger, J. P., Williams, Mazzarelli, Lerner and Buckley, JJ.