FONDA v. PAULSEN


46 A.D.2d 540 (1975)

Thomas V. Fonda et al., Appellants, v. Carl A. Paulsen et al., Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 6, 1975.


Attorney(s) appearing for the Case

Arthur William Braiman (Norman Bard of counsel), for appellants.

Martin, Clearwater & Bell (Edward J. Amsler of counsel), for respondents.

HERLIHY, P. J., and MAIN, J., concur with GREENBLOTT, J.; SWEENEY and REYNOLDS, JJ., dissent and vote to affirm in an opinion by SWEENEY, J.


GREENBLOTT, J.

This is a malpractice action against three medical doctors arising out of the failure of some or all of the defendants to properly diagnose a cancerous condition from which it is expected that plaintiff will die. The complaint was dismissed upon Special Term's determination that the action was barred by the three-year Statute of Limitations. Plaintiff contends on this appeal that this determination...

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