Weber v. Scheer

Order and judgment, Supreme Court, New York County, entered on September 9, 1976 and November 24, 1976, respectively, unanimously affirmed, without costs and without disbursements. This medical malpractice action was brought approximately 9 years after the last treatment and is therefore time-barred under CPLR 214; and plaintiff has not successfully demonstrated that his matter falls within the ambit of cases which extend or toll the Statute of Limitations. Plaintiff claims that a prosthetic device was placed in his ear without his knowledge or consent and that defendant failed to remove it…