Legal Opinion

Taddeucci v. Weitzner

New York Supreme Court

Decided January 14, 1986PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Fred T. Santucci, J.

In this medical malpractice matter the defendant moves for dismissal based upon the failure of the plaintiff to commence the action within three years from the date of the last treatment by the defendant in 1973. The plaintiff cross-moves to dismiss the affirmative defense of Statute of Limitations.

The court is called upon to decide the following question: When a physician advises his patient that an intrauterine device (IUD), previously inserted by him, is no longer present, when in fact it is present, under what circumstances does that IUD then…

2Cases cited12 opinions

  1. Borgia v. City of New YorkNew York Court of Appeals · 1962
  2. Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
  3. Martin v. Edwards LaboratoriesNew York Court of Appeals · 1983
  4. Ooft v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
  5. Darragh v. County of NassauNew York Supreme Court · 1977

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3Cited by4 opinions

  1. Rodriguez v. Manhattan Medical Group, P. C.New York Court of Appeals · 1990
  2. Vinciguerra v. JamesonAppellate Division of the Supreme Court of the State of New York · 1990
  3. Beatman v. GatesOhio Court of Appeals · 1987
  4. Rodriguez v. Manhattan Medical Group, P. C.Appellate Division of the Supreme Court of the State of New York · 1990

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