Legal Opinion
Dunaway v. Ball
New York Supreme Court
Decided June 21, 1982PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
John R. Tenney, J.
In this medical malpractice action, defendant has moved for an order dismissing the plaintiffs’ complaint on the ground that the action is barred by the applicable Statute of Limitations of CPLR 214.
The facts are not in dispute. In June, 1970, Dr. George Couch, who is not a party to this action, implanted an IUD in the plaintiff’s uterus. Subsequently, plaintiff came under the care of the defendant Ball who treated plaintiff for the birth of her second child on December 5, 1971, and thereafter through November 24, 1975. Dr. Ball advised Mrs. Dunaway on…
2Cases cited4 opinions
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Cooper v. EdinberghAppellate Division of the Supreme Court of the State of New York · 1980
- Soto v. Greenpoint HospitalAppellate Division of the Supreme Court of the State of New York · 1980
- Weber v. ScheerAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by5 opinions
- Rodriguez v. Manhattan Medical Group, P. C.New York Court of Appeals · 1990
- Sternberg v. GardsteinAppellate Division of the Supreme Court of the State of New York · 1986
- Mayotte v. BauerNew York Supreme Court · 1986
- Taddeucci v. WeitznerNew York Supreme Court · 1986
- Rodriguez v. Manhattan Medical Group, P. C.Appellate Division of the Supreme Court of the State of New York · 1990