DUNAWAY v. BALL


116 Misc.2d 409 (1982)

Patricia L. Dunaway et al., Plaintiffs, v. Allen Ball, Defendant.

Supreme Court, Jefferson County.

June 21, 1982


Attorney(s) appearing for the Case

Smith, Sovik, Kendrick, McAuliffe & Schwarzer, P. C., for defendant. Willsey, Meagher, Buckley & Hester for plaintiffs.


JOHN R. TENNEY, J.

In this medical malpractice action, defendant has moved for an order dismissing the plaintiffs' complaint on the ground that the action is barred by the applicable Statute of Limitations of CPLR 214.

The facts are not in dispute. In June, 1970, Dr. George Couch, who is not a party to this action, implanted an IUD in the plaintiff's uterus. Subsequently, plaintiff came under the care of the defendant Ball who treated plaintiff...

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