Holmes v. Weissman

Order unani*925mously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this medical malpractice action against her obstetrician, alleging that he was negligent in failing to diagnose a malignant breast tumor during pre-natal care and treatment. Defendant moved for partial summary judgment dismissing all of plaintiff’s claims arising out of any care and treatment rendered by defendant more than 21h years before commencement of this action. Supreme Court erred in denying the motion and in concluding that factual issues exist…