Fasano v. Goldman

OPINION OF THE COURT

Gerald S. Held, J.

In this medical malpractice suit the attorney for the plaintiff asks for an in limine determination by this court with respect to the application of CPLR 4010. Plaintiff alleges a continuing course of treatment between the years 1973 through and inclusive of the year 1977 with suit commencing in the year 1978. CPLR 4010 became effective July 1, 1975 and states: “In any action for medical malpractice where the plaintiff seeks to recover for the cost of medical care, custodial care or rehabilitation services, loss of earnings or other economic loss,…