Wiegand v. Berger

Order, Supreme Court, New York County (Stanley L. Sklar, J.), entered May 11, 1988, which denied plaintiffs’ motion pursuant to CPLR 3211 (b) to strike the affirmative defense of the Statute of Limitations asserted in the answer of defendant Joseph Berger, M.D., unanimously reversed, on the law, and plaintiffs’ motion granted, with costs.

On July 9, 1980, Ingrid Wiegand underwent pelvic surgery by Dr. Berger, a specialist in the field of obstetrics and gynecology, at Beth Israel Medical Center. Following her discharge from the hospital, Mrs. Wiegand continued under the care of Dr. Berger until…