Fonda v. Paulsen

This is a malpractice action against three medical doctors arising out of the failure of some or all of the defendants to properly diagnose a cancerous condition from which it is expected that plaintiff will die. The complaint was dismissed upon Special Term’s determination that the action was barred by the three-year Statute of Limitations. Plaintiff contends on this appeal that this determination was error because factual questions exist bearing upon the applicability of a Statute of Limitations defense.

*542The pertinent circumstances are as follows. In May, 1969 the defendant Nelson performed…