ATTON v. BIER


12 A.D.3d 240 (2004)

785 N.Y.S.2d 426

ROBERT ATTON, Individually and as Executor of MARY P. ATTON, Deceased, Respondent, v. STEVEN J. BIER, M.D., et al., Appellants.

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

November 16, 2004.


Plaintiff's motion to amend the complaint to assert fraud-based claims should have been denied as an impermissible attempt to circumvent the 2½-year statute of limitations for malpractice.

To plead a viable cause of action for fraud in connection with charges of medical malpractice, the allegations must include "knowledge on the part of the physician of the fact of his malpractice and of his patient's injury in consequence thereof, coupled with a subsequent intentional...

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