DMOCH v. IOLAB CORP.


203 A.D.2d 59 (1994)

610 N.Y.S.2d 28

John C. Dmoch et al., Respondents-Appellants, v. Iolab Corp. et al., Defendants, and New York Eye and Ear Infirmary et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 7, 1994


The IAS Court properly dismissed the first, second, third, fourth and fifth causes of action, sounding in medical malpractice/negligence as time barred by the Statute of Limitations (CPLR 214, 214-a). These causes of action failed to allege any facts sufficient to estop defendants from pleading a Statute of Limitations defense (cf., Simcuski v Saeli, 44 N.Y.2d 442, 448-449). That...

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