Legal Question in Credit and Debt Law in New York

1. Patient received medical treatment after her accident by a doctor. Patient signed a doctor lien saying that doctor would be paid after settlement from her lawsuit. She settled the suit and never paid. Does SOL run from the date she signed the lien or does it start to run when she receives the settlement.

2, Does partial payment on the Doctor's lien start the statute running all over again?


Asked on 11/05/09, 3:09 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

The statute of limitations period begins to run when the contract is breached (Shaftel v. Dadras, 39 F.Supp.2d 217 [1999]). Therefore, the limitations period should begin to run when settlement money is received and not delivered under the agreement of lien.

Mike.

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Answered on 11/10/09, 3:51 pm


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