Derlicka v. Leo

The question presented is whether the enactment of chapter 483 of the Laws of 1937 (Gen. Mun. Law, § 50-d) abro*216gated or limited the common-law right of a patient to sue a physician for malpractice to the extent that in an action where the municipality is not joined, the plaintiff, nevertheless, must allege and prove compliance with section 394a-1.0, subdivisions a and c, of the City of New York Administrative Code. We are here concerned with the first and third causes of action as against the defendant-respondent Leo and the defendant Martoccio, not a party to this appeal.

The first cause of…