Paul v. State

Herlihy, J.,

dissents and votes to affirm in the following memorandum in which Mikoll, J., concurs. Herlihy, J. (dissenting). The prior decision of this court did not purport to hold that the cause of action for medical malpractice accrued on the date of the discovery of the negligence and, accordingly, there is no basis to overrule that decision on that ground as an alleged error. I would adhere to my dissent in Sessa v State of New York (63 AD2d 334, 336) and based upon our finding in the original decision herein that the claim was filed on November 8, 1976, it is apparent that the…