Stern v. Hausberg

Order, entered on December 17, 1963, granting plaintiffs’ motion to dismiss the affirmative defenses of Statute of Limitations and res judicata, unanimously modified, on the law and in the exercise of discretion, to the extent of permitting the defendant to replead the affirmative defense of the Statute of Limitations as to those allegations of the complaint which allege malpractice on the part of the defendant dentist with respect to bridgework installation, and, as so modified, affirmed, without costs. The action based upon defendant dentist’s malpractice was commenced on October 22, 1962.…