Legal Opinion
Robins v. Finestone
New York Court of Appeals
Decided June 2, 1955PublishedCited by 99 opinions
1Opinion of the Court
Conway, Ch. J.
The question presented is whether the complaint states a cause of action in contract. If it does, the action is not barred by the Statute of Limitations. If it states a cause of action in tort for malpractice, it is barred by the two-year Statute of Limitations. (Civ. Prac. Act, § 50, subd. 1.) On that ground defendant has moved to dismiss the complaint and we accept plaintiff’s allegations as true. Those allegations are in substance as follows: Plaintiff employed defendant, a licensed physician and surgeon, for a compensation not to exceed $150 — to operate upon him for the…
2Cases cited3 opinions
- Weintraub v. WeintraubNew York Court of Appeals · 1951
- Safian v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1940
- Safian v. Aetna Life Insurance CompanyNew York Court of Appeals · 1941
3Cited by99 opinions
- Custodio v. BauerCalifornia Court of Appeal · 1967
- In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'nNew York Court of Appeals · 1976
- Billings v. Sisters of Mercy of IdahoIdaho Supreme Court · 1964
- Dormitory Auth. of N.Y. v. Samson Constr. Co.Court for the Trial of Impeachments and Correction of Errors · 2018
- Murphy v. ImplicitoNew Jersey Superior Court Appellate Division · 2007
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