Cuddihy v. Frank

In an action to recover damages for medical malpractice, plaintiff appeals from an order of the Supreme Court, Richmond County, dated September 8, 1976, which (1) denied his motion to dismiss the affirmative defense of Statute of Limitations contained in the answer of defendant Frank and (2) granted the cross motion of defendant Doctors Hospital to amend its answer to include the defense of Statute of Limitations. Order modified by deleting from the first decretal paragraph thereof the word "denied” and substituting therefor the following: "granted, with leave to defendant Frank to serve an…