Fish v. Conley

Plaintiff moves to dismiss the counterclaim designated “ third ” on the ground that the cause of action alleged therein is barred by the Statute of Limitations.

The plaintiff, by action commenced on the 15th day of February, 1927, seeks to recover for medical services rendered by him to the defendant between the 1st day of March, 1924, and the 17th day of February, 1925. The defendant sets up a counterclaim for damages for malpractice in the rendition of said medical services. The answer containing the counterclaim was served on the 29th day of March, 1927.

*389An action to recover damages for…