Frisina v. Jones

Casey, J. P.

Appeal from an order of the Supreme Court (Williams, J.), entered August 14, 1989 in Sullivan County, which, inter alia, granted plaintiff’s cross motion to serve a late certificate of merit.

Plaintiff, a 73-year-old man, sued defendants for medical malpractice claimed to have arisen from defendants’ improper treatment of plaintiffs fracture of his left femur, which occurred on or about July 7, 1985 in a lawn mower accident. Plaintiff claims that the improper treatment resulted in angulation, slight shortening and displacement, and irregular periosteal callous formation. After…