Derlicka v. Leo

The question presented is whether this action was commenced within the time limited by law as to defendant-appellant Leo.

The complaint charges malpractice upon the plaintiff wife by the appellant and others. The original complaint was predicated upon the theory of common-law liability. Its sufficiency was attacked upon the ground that the provisions of section 50-d of the General Municipal Law were applicable; that this statute had abrogated or limited the common-law right of a patient to sue a physician for malpractice to the extent that where the municipality (city of New York) was not…