Monko v. St. John's Queens Hospital

This application was made pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice for dismissal of the complaint upon the ground that maintenance of the action is time-barred. This is a malpractice action. The last date of treatment is July 25, 1943; the action was commenced August 6, 1962. On that basis, it is and must be conceded that maintenance of the action is time-barred. However, plaintiff invokes the discovery rule as basis for computation of time which was rejected as a matter for legislative action in Schwartz v. Heyden Newport Chem. Corp. (12 N Y 2d 212). This motion…