TADDEUCCI v. WEITZNER


130 Misc.2d 853 (1986)

Margaret Taddeucci et al., Plaintiffs, v. Howard Weitzner, Defendant.

Supreme Court, Civil Term, Queens County.

January 14, 1986


Attorney(s) appearing for the Case

Schiavetti, Begos & Nicholson for defendant. Morton Povman, P. C., for plaintiff.


FRED T. SANTUCCI, J.

In this medical malpractice matter the defendant moves for dismissal based upon the failure of the plaintiff to commence the action within three years from the date of the last treatment by the defendant in 1973. The plaintiff cross-moves to dismiss the affirmative defense of Statute of Limitations.

The court is called upon to decide the following question: When a physician advises his patient that an intrauterine device ...

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