Suit Against Hair Transplant Surgeons Dismissed on Statute of Limitation Grounds

HPM&B attorney Vincent Gallosuccessfully moved to dismiss a lawsuit commenced against two physicians specializing in hair transplant surgeries.

Between September 1993 and December 1993, plaintiff underwent three hair transplant procedures performed by the defendant physicians. Plaintiff initially commenced his lawsuit in 1997. The initial complaint, however, only contained causes of action sounding in violations of the General Business Law for false advertising and deceptive business practices, as well as breach of contract.

Vincent Gallo convinced the Supreme Court, Nassau County, that at the time that the initial action was commenced in 1997, plaintiff’s claims under the General Business Law were time-barred because those claims were governed by a statute of limitations of three years. Based on the evidence in the case, plaintiff did not assert a breach of contract claim until 2001.

Vincent Gallo further argued that at the time of the assertion of the breach of contract in 2001, that this cause of action was time-barred. Accordingly, the Supreme Court, Nassau County, dismissed plaintiff’s complaint as time-barred as a matter of law against all defendants.