Diver v. Jewish Hospital

This action is based on defendants’ alleged negligence and malpractice which resulted in the demise of plaintiff’s wife.

Defendant Schwartz moves pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice to dismiss the complaint on the ground that the time within which to commence this action, as to him, has expired.

The action accrued on October 17, 1956, when plaintiff’s wife died in the defendant hospital, where she had received surgical and Roentgen or X-ray treatment by the other named defendants.

The papers show that plaintiff was appointed administrator by the Surrogate of…