statute of limitations

Published on: June 2, 2016

What’s Wrong With New York Hospitals?

When an ultrasound exposed a fibroid tumor growing in her uterus, Elissa McMahon didn’t take any chances.

Though she is a Massachusetts resident, Elissa scheduled a surgery to remove the fibroid at Lennox Hill, a top hospital in New York, where she would be close to her family. The surgery was a success, and Elissa was relieved when the pathology tests came back negative. She was cancer free, so the hospital said. This was in January 2012.

Two years later, Elissa began to experience severe back pain. She checked into an emergency room, where doctors found a tumor on her spine and metastatic lesions in her liver. Elissa had stage-4 cancer in her uterus, back, and liver.
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Published on: May 27, 2016

NY Senate Votes to Protect Child Rapists From Lawsuits

By Caesar, Napoli & Spivak PLLC

Why will Dylan Farrow never be able to bring her father Woody Allen to court for allegedly sexually abusing her when she was 7-years-old?

Why is Bridie Farrell unable to press charges against Olympic speedskater and former US Speedskating President Andrew Gabel for allegedly abusing her when she was 15?

Both of these men are protected by statutes of limitations.
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Published on: April 5, 2016

The New York Law That Protects Rapists

By Caesar, Napoli & Spivak PLLC

“I’m not here looking for a quick buck,” says 39-year-old Michael DeSantis, who as a child was raped by many of the priests in his Colonie, NY parish. “I don’t want your dirty money. All I’m asking for is a day in court.”

Like many underage victims of sexual assault, Mr. DeSantis’ feelings of fear and shame kept him from talking about his experiences until years later. However, the statute of limitations in New York made it impossible for him to take on his rapists in civil or criminal court after he turned 23.

“I said, ‘Huh? What do you mean? You’re kidding me!’” Mr. DeSantis said of the day he learned from Albany prosecutors that he would be unable to hold the church or the priests accountable. “I mean, these guys are just going to get away with it?”
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