Wieland v. Walkes

opinion of the court

Anthony J. Mercorella, J.

Motion by the plaintiff to strike the defendant Walkes’ fourth affirmative defense is decided as follows:

Plaintiff commenced this action on May 12, 1982 for damages incurred as the result of alleged malpractice on the part of defendant Walkes in the course of podiatric treatment rendered on her behalf.

The plaintiff alleges that defendant Walkes rendered said podiatric care commencing on April 5, 1979 and that she was continuously treated by the defendant until September 11, 1979.

Defendant in his answer asserts as a fourth affirmative defense that…