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NYKORCHUCK v. HENRIQUES

78 N.Y.2d 255 (1991)

Diane Nykorchuck et al., Appellants, v. Edgar Henriques et al., Respondents.

Court of Appeals of the State of New York.

Decided July 9, 1991.

Attorney(s) appearing for the Case

W. Farley Jones and E. Stewart Jones for appellants.

Christine Kirwin Krackeler for respondents.

Judges SIMONS, ALEXANDER, TITONE and BELLACOSA concur with Chief Judge WACHTLER; Judge KAYE dissents and votes to reverse in a separate opinion in which Judge HANCOCK, JR., concurs.

Chief Judge WACHTLER.

This action for medical malpractice arises out of the defendant doctor's alleged failure to properly diagnose and monitor a lump in plaintiff's* right breast. Plaintiff was ultimately diagnosed as having breast cancer, which required surgery and chemotherapy.

The question presented on the appeal is whether this suit, which was commenced more than eight...

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