Nervick v. Fine

Defendant moves pursuant to rule 107 of the Buies of Civil Practice for judgment dismissing the complaint upon the ground that the cause of action sét forth therein did not accrue within the time limited by law (Civ. Prac. Act, § 50) for the commencement of an action thereon.

The defendant, a physician, is sued for his alleged malpractice in the treatment of the plaintiff. The defendant in his answer, as an affirmative defense, alleges that the action is barred by the Statute of Limitations.

The undisputed facts briefly are as follows; Plaintiff, suffering from an ear ailment, retained and…