LESLIE v. HYMES


60 A.D.2d 564 (1977)

Jerry Leslie et al., Respondents, v. Jesse J. Hymes, Appellant

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

December 27, 1977


Unanimously reversed, on the law and in the exercise of discretion, and the motion is granted, without costs and without disbursements.

In this action for alleged malpractice and fraudulent breach of contract stemming from a surgical procedure performed on plaintiff Jerry Leslie in July, 1969, defendant alleging "inadvertence and oversight" moved in December, 1976 to amend his answer to affirmatively plead the Statute of Limitations. The motion was denied by order...

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