Dorfman v. Schoenfeld
New York Supreme Court
1Opinion of the CourtMatthew M. Levy, J.
The defendant moves for dismissal of the complaint, pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice, upon the ground that the suit is barred by the Statute of Limitations (Civ. Prac. Act, § 50, subd. 1). The action is for alleged medical malpractice. The complaint *38was amended after motion, but both sides request that the application be considered upon the basis of the new pleading.
The operation in this instance occurred in New York City on July 4,1952. It was an appendectomy and it is alleged that, unbeknownst to the plaintiff patient, she remained with an abdomen…
2Cases cited9 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Woods v. LancetNew York Court of Appeals · 1951
- Robins v. FinestoneNew York Court of Appeals · 1955
- Conklin v. DraperAppellate Division of the Supreme Court of the State of New York · 1930
- Poplar v. Bourjois, Inc.New York Court of Appeals · 1948
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3Cited by1 opinion
- Baum v. TurelDistrict Court, S.D. New York · 1962