Clifton Springs Sanitarium Co. v. Devoyst

The action is brought to recover for medical and other services rendered by the plaintiff to defendant’s wife. Defendant wishes to interpose a general denial to plaintiff’s claim. This pleading permits of the defense of misconduct. (Harrell v. Bonfils Improvement Co., 17 App. Div. 405, 407.) A recovery by plaintiff would bar an action by defendant for malpractice. (Schopen v. Baldwin, 83 Hun, 234; Blair v. Bartlett, 75 N. Y. 150; Gates v. Preston, 41 id. 113.) An action for medical services may be met by the defense. that the services were not performed, or performed so unskillfully as not to…