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Randall v. Weber

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1974
45 A.D.2d 731 (N.Y. App. Div. 1974)

Summary

In Randall v Weber (45 A.D.2d 731) the Second Department reaffirmed its position and adhered to Schiffman by refusing to apply the "foreign objects-discovery rule" to cases of negligent diagnosis or treatment.

Summary of this case from McQueen v. Co. of Nassau

Opinion

June 10, 1974


In an action to recover damages for wrongful death and conscious pain and suffering, (1) plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County, entered August 28, 1973, as dismissed the wrongful death cause as against defendants Mahoney and Ziviello and (2) defendant Mahoney cross-appeals from the remainder of the order, which denied his motion to dismiss the cause for conscious pain and suffering, with leave to interpose the defense of the Statute of Limitations and to renew that motion upon the trial. Order affirmed, without costs. We adhere to our decision in Schiffman v. Hospital for Joint Diseases ( 36 A.D.2d 31, mot. for lv. to app. den. 29 N.Y.2d 483) with respect to the nonapplicability of the "foreign objects — discovery rule" to cases of negligent diagnosis or treatment. However, we affirm the portion of the order from which defendant Mahoney appealed, which gave him leave to plead the Statute of Limitations in his answer, because there is a conflict in the record as to when he last treated plaintiff's testator. Hopkins, Acting P.J., Latham, Shapiro and Brennan, JJ., concur.


Summaries of

Randall v. Weber

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1974
45 A.D.2d 731 (N.Y. App. Div. 1974)

In Randall v Weber (45 A.D.2d 731) the Second Department reaffirmed its position and adhered to Schiffman by refusing to apply the "foreign objects-discovery rule" to cases of negligent diagnosis or treatment.

Summary of this case from McQueen v. Co. of Nassau
Case details for

Randall v. Weber

Case Details

Full title:FRANCES D. RANDALL, as Executrix of JOSEPH A. RANDALL, Deceased…

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

Date published: Jun 10, 1974

Citations

45 A.D.2d 731 (N.Y. App. Div. 1974)

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