Frankel v. Wolper
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bertha Frankel, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 9th day of March, 1917, upon the dismissal of the complaint at the opening.
1Opinion of the Court
Thomas, J.:
The question is whether this action against a physician is for breach of contract or malpractice. If for the latter, it is barred by a Statute of Limitations, whether it arose from lack of requisite skill or negligent exercise of it. The question is not whether the plaintiff could declare on a contract to cure her, and for the breach of it recover damages for failure to make the cure. For instance, in such case sums paid on the contract would be subjects of recovery, and probably other items of damage that flow naturally from failure to do an agreed thing. But the present complaint…
2Cited by25 opinions
- Milau Associates, Inc. v. North Avenue Development Corp.New York Court of Appeals · 1977
- Conklin v. DraperAppellate Division of the Supreme Court of the State of New York · 1930
- Golia v. Health Insurance PlanAppellate Division of the Supreme Court of the State of New York · 1958
- Cook v. MoatsNebraska Supreme Court · 1931
- Monahan v. DevinnyAppellate Division of the Supreme Court of the State of New York · 1928
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