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SIMCUSKI v. SAELI

44 N.Y.2d 442 (1978)

Eleanor Simcuski, Appellant, v. Anthony J. Saeli, Respondent.

Court of Appeals of the State of New York.

Decided May 4, 1978.

Attorney(s) appearing for the Case

Irwin Birnbaum and Robert D. Romeo for appellant.

John Ganotis and George F. Mould for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, and WACHTLER concur with Judge JONES; Judge COOKE concurs in a separate memorandum; Judge FUCHSBERG concurs in result in a separate opinion.

JONES, J.

We hold that this complaint by a patient against her treating physician sets forth a cause of action based on intentional fraud as well as a cause of action in negligence for medical malpractice. We further conclude that, because of the physician's alleged subsequent intentional concealment of the malpractice and misrepresentation as to its cure, the time within which the action in negligence could...

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