They work like a well-oiled machine. In response, plaintiff's expert merely averred that if the subject cervical revision surgery had been performed earlier, plaintiff's ultimate outcome would have been substantially improved and he would not have sustained such a severe degree of weakness and loss of function of his right upper extremity. We therefore affirm the branch of the motion court's order which denied HSS summary judgment as untimely made without consideration of its merits. 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. Dr. Michael Cross, MD works in New York, NY as an Orthopedic Surgery Specialist and has 16 years experience. Find a Doctor: By Name, Specialty, Location & Insurance Find a Doctor At HSS, the world's best musculoskeletal specialists work together to provide the best care for you. dr michael cross leaving hss In addition, the motion court correctly dismissed the second cause of action alleging lack of informed consent as plaintiff's papers did not address this claim. Type a specific doctor's name, body part, procedure or condition, then choose from the options. As a point of reference, the statutory 120-day maximum expired on December 22, 2011. Save my name, email, and website in this browser for the next time I comment. Michael B. Co. (294 AD2d 268, 272 [1st Dept 2002], affd 99 NY2d 639 [2003]). Cross M.D - Orthopaedic Surgeon, New York, New York. The same expertise that has earned HSS the #1 ranking for orthopedics in the world by Newsweek and the #1 ranking in the U.S. 13 years in a row according to U.S. News & World Report* is available locally through a unique collaboration with the caring experts at Stamford Health. Moreover, "because of a phenomenon called rebound myelopathy, an operation . 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. Quite likely, the City's legal argument would have been dispositive. The dissent expresses concern about an extra burden to the courts and litigants if we strictly enforce Brill "without taking into consideration the circumstances of the case." 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. Rather, it will be for a trial court and a jury to hear plaintiff's case, and should plaintiff prevail, then, assuming a timely appeal is taken and perfected, and only then, will we have occasion to consider the merits of the claim against HSS. Judgment, same court and Justice, entered August 20, 2012, affirmed, without costs.

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