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R.C. v. DIESFELD

6 Misc.3d 205 (2004)

785 N.Y.S.2d 325

R.C. et al., Individually and as Parents and Natural Guardians of A.C. and Another, Infants, Plaintiffs v. GERALD J. DIESFELD, M.D., Defendant

Supreme Court, Cattaraugus County.

November 8, 2004.

Attorney(s) appearing for the Case

Brown & Tarantino, LLP, Buffalo (Kimberly Cline of counsel), for defendant.

Thomas C. Brady, Salamanca, for plaintiffs.

OPINION OF THE COURT

LARRY M. HIMELEIN, J.

Defendant has moved for an order (1) dismissing plaintiff's second cause of action, and (2) granting leave to serve a second amended answer. For reasons that follow, the motion is granted in part and denied in part.

The complaint alleges that infant plaintiff A.C. was sexually abused by an older brother, that A.C. and her mother reported the abuse to defendant...

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