Martinez v. Rosenzweig

Plaintiffs, Mr. and Mrs. Martinez, appeal from an order dismissing their complaint and amended complaint pursuant to section 48(1) (e) of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 48(1) (e)) on the basis that the action was barred by the applicable statute of limitations (Ill. Rev. Stat. 1977, ch. 83, pars. 15, 15.1 and 22.1). The sole issue on appeal is whether plaintiffs’ complaint was timely filed. We reverse and remand.

On March 7,1977, plaintiffs filed a three-count complaint against Dr. Oscar Rosenzweig. They alleged that on or about February 1, 1973, defendant, who…