Polak v. Schwenk
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWeiss, J.
Appeal from an order of the Supreme Court at Special Term (Brown, J.), entered December 13, 1984 in Schenectady County, which denied plaintiffs’ motion for leave to serve an amended complaint.
On April 22, 1981, plaintiff Lorraine Polak underwent surgery for a total abdominal hysterectomy, performed by Dr. August C. Schwenk at St. Clare’s Hospital in the City of Schenectady, Schenectady County. The instant action seeking damages for medical malpractice was commenced by service of a summons and complaint on Schwenk in June 1981. A second action was commenced against St. Clare’s Hospital by…
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