Chiaino v. Mitchell

OPINION OF THE COURT

Stanley L. Sklar, J.

In this medical malpractice action commenced against de*89fendant Barbara Mitchell, M. D. and the estate of Michael Truppin, M. D., Dr. Mitchell moves for summary judgment dismissing the complaint on the ground that the action was commenced after the running of the Statute of Limitations.

Plaintiffs’ pleadings allege* that on September 2, 1982 Dr. Truppin rendered treatment to Laraine Chiaino, that on November 5, 1982 Dr. Mitchell, Dr. Truppin’s "agent, servant and/or employee,” rendered treatment to Chiaino, and that on March 28, 1983 Chiaino was seen by a…