Schwartz v. Unger

OPINION OF THE COURT

B. Thomas Pantano, J.

In this dental malpractice action defendant moves to dismiss the complaint. The complaint alleges a continuous course of treatment from September 15,1970 to March 12, 1978. The defendant, now a resident of British Columbia and retired, was served on August 28, 1980.

Defendant’s affidavit states that in September of 1977 he sold his dental practice remaining on until December of 1977 to introduce his patients to the purchaser. He contends he rendered no treatment to the plaintiff from September, 1977 on and therefore the action is barred by the Statute…