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WEINBERG v. GIBSTEIN

No. 89-CV-3000.

756 F.Supp. 101 (1991)

Samuel WEINBERG, Plaintiff, v. Alan GIBSTEIN, M.D., Defendant.

United States District Court, E.D. New York.

February 15, 1991.

Attorney(s) appearing for the Case

Crupain & Greenfield (David Crupain, of counsel), New York City, for plaintiff.

Martin, Clearwater & Bell (Stephen D. Weiner, of counsel), New York City, for defendant.

MEMORANDUM-DECISION & ORDER

BARTELS, District Judge.

The defendant in this diversity suit, Dr. Alan Gibstein, moves for summary judgment pursuant to Fed.R.Civ.P. 56 on the grounds that plaintiff's action is time barred by New York's two and one-half year statute of limitations for medical malpractice actions. C.P.L.R. § 214-a. Plaintiff Samuel Weinberg, suing on behalf of his wife, decedent Estelle Weinberg, counters that the statute was tolled...

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