Michael J. Harkin et al., Respondents-Appellants,
v.
James Culleton, Appellant, and James J. McMurtry, III, Appellant-Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 12, 1990
April 12, 1990
Attorney(s) appearing for the Case
James P. Kreindler of counsel (Kreindler & Kreindler, attorneys), for plaintiffs.
Anthony M. Sola of counsel (Stacie L. Young with him on the brief; Martin, Clearwater & Bell, attorneys), for defendants.
ASCH, ELLERIN and WALLACH, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
WALLACH, J.
In Simcuski v Saeli (44 N.Y.2d 442), the Court of Appeals held that a physician's concealment of his own malpractice can be the basis of not only an estoppel against his assertion of the Statute of Limitations as a bar to an untimely cause of action for malpractice, but also a separate cause of action for fraud if the concealment is achieved through affirmative...
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