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TESKA v. NEW YORK HOSP.-CORNELL MED. CTR.

104 A.D.2d 329 (1984)

Curtis Teska, an Infant, by His Father and Natural Guardian, Arthur Teska, et al., Respondents, v. New York Hospital-Cornell Medical Center et al., Defendants, and Russell Patterson et al., Appellants

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

August 23, 1984

In this medical malpractice action the defendants Drs. Patterson and Markenson moved some four months after service of their original answers for leave to serve amended answers adding the Statute of Limitations as a defense to the second cause of action. Special Term denied the motion on the ground that the right to assert this defense was waived by the failure to raise it either by motion or in the original pleadings, citing CPLR 3211 (subd [e]). We disagree and accordingly...

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