CHIAINO v. MITCHELL


149 Misc.2d 88 (1990)

Laraine Chiaino et al., Plaintiffs, v. Barbara Mitchell et al., Defendants.

Supreme Court, New York County.

September 13, 1990


Attorney(s) appearing for the Case

Belair Klein & Evans (Lawrence Burnett and Paul Klein of counsel), for defendants. Dienst & Serrins (Barry Washor of counsel), for plaintiffs.


STANLEY L. SKLAR, J.

In this medical malpractice action commenced against defendant Barbara Mitchell, M. D. and the estate of Michael Truppin, M. D., Dr. Mitchell moves for summary judgment dismissing the complaint on the ground that the action was commenced after the running of the Statute of Limitations.

Plaintiffs' pleadings allege* that on September 2, 1982 Dr. Truppin...

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