Isenstein v. Malcomson

The judgment now here was entered on an order dismissing the complaint on the ground that the action was not commenced within the time limited under the statute (Civ. Prac. Act, § 50). The action is for personal injuries sustained as the result of negligence and carelessness on the part of a nurse who was in attendance upon the plaintiff. The motion was based on the theory that the complaint alleged a cause of action for malpractice and came within the two-year limitation instead of an action for negligence which may be brought within the three-year period. (See Civ. Prac. Act, § 49.)

The suit…