Legal Opinion
McIntyre v. Stewart
New York Supreme Court
Decided November 27, 1944Published
1Opinion of the CourtKimball, J.
The action is for damages resulting from the alleged malpractice of the defendant in the care and treatment of the plaintiff who was injured in an accident which was covered by the Workmen’s Compensation Law. This action was not commenced within the six-month period nor the year period provided for in section 29 of the Workmen’s Compensation Law. The defendant has moved under rule 107 of the Rules of Civil Practice for a dismissal of the complaint on the ground that the cause of action stated therein did not accrue within the time limited by law for the commencement of the action.
The present…
2Cases cited8 opinions
- Matter of Parchefsky v. Kroll Bros., Inc.New York Court of Appeals · 1935
- O'Brien v. LodiNew York Court of Appeals · 1927
- Hession v. Sari CorporationNew York Court of Appeals · 1940
- Calagna v. Sheppard-Pollak, Inc.Appellate Division of the Supreme Court of the State of New York · 1942
- Nelson v. Buffalo Niagara Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1942
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