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Schottin v. Haque

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 31, 1992
179 A.D.2d 1049 (N.Y. App. Div. 1992)

Opinion

January 31, 1992

Appeal from the Supreme Court, Erie County, Wolf, Jr., J.

Present — Callahan, J.P., Doerr, Green, Lawton and Davis, JJ.


Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting the motion of defendant Dr. Haque dismissing the medical malpractice action on the ground of the Statute of Limitations. Defense counsel specifically withdrew that affirmative defense in a letter to plaintiff's counsel. No reason has been given why that withdrawal should not be honored. Since the waiver occurred subsequent to the accrual of plaintiff's cause of action, it was valid (see, Kassner Co. v. City of New York, 46 N.Y.2d 544, 551-552).


Summaries of

Schottin v. Haque

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 31, 1992
179 A.D.2d 1049 (N.Y. App. Div. 1992)
Case details for

Schottin v. Haque

Case Details

Full title:JOAN M. SCHOTTIN, Individually and as Executrix of BYRON W. SCHOTTIN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 31, 1992

Citations

179 A.D.2d 1049 (N.Y. App. Div. 1992)
579 N.Y.S.2d 283

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