BRUSE v. BRICKNER


78 Misc.2d 999 (1974)

Charles W. Bruse et al., Plaintiffs, v. Merol E. Brickner et al., Defendants.

Supreme Court, Special Term, Fulton County.

September 9, 1974


Attorney(s) appearing for the Case

Carter, Conboy, Bardwell & Case (Forrest N. Case, Jr., of counsel), for Merol E. Brickner and others, defendants. Geraghty & Geraghty for Nathan Littauer Hospital, defendant. E. Stewart Jones for plaintiffs.


WILLIAM J. CRANGLE, J.

Defendants move to dismiss those causes of action in plaintiffs' complaint which allege that he suffered damage because of defendants' failure to obtain an informed consent prior to performing a surgical operation. The motion is made upon the ground that the causes of action are barred by the Statute of Limitations. Defendants urge that the one-year limitation governing actions for assault applies rather than the three-year limitation...

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