The complaint contains a cause of action for medical malpractice and a second cause of action for loss of consortium. However, based upon the injured plaintiff's bill of particulars and deposition testimony, defendant-respondent discerned an unpleaded cause of action for battery, and moved to dismiss it as barred by the one-year statute of limitations. In opposition, plaintiff argued that the unpleaded cause of action was one for lack of informed consent governed by the 2...
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