RENDA v. FRAZER


75 A.D.2d 490 (1980)

Vincent Renda et al., Respondents, v. John P. Frazer et al., Appellants

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

July 10, 1980


Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (William Eggers of counsel), for appellants.

Sullivan, Gough, Skipworth, Summers & Smith (William V. Gough of counsel), for respondents.

SIMONS, J. P., HANCOCK, JR., DOERR and MOULE, JJ., concur.


SCHNEPP, J.

We are called upon to determine whether a physician may be equitably estopped from asserting the Statute of Limitations as a bar to a medical malpractice action absent an affirmative claim that the patient was induced by fraud, misrepresentation or deception to refrain from filing a timely action.

On March 14, 1973 Dr. John P. Frazer performed ear surgery on plaintiff Yolanda Renda at Strong...

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