Lynch v. Quinlan

Defendant moves to dismiss the action upon the ground that it was not commenced within the one-year period specified in subdivision 1 of CPLB 215.

On July 7, 1970, -plaintiff instituted this action to recover damages for personal injuries. On or about March 15, 1969, it is said, the plaintiff while imprisoned in the Dutchess County jail became ill and because of the alleged failure of the defendant to promptly provide medical assistance “ suffered an acute appendicitis attach [sic] with a perforated appendix and a thrombo phlebitis

At the time when the plaintiff became ill, he was in the…