Ratka v. St. Francis Hospital

In a medical malpractice action to recover damages for wrongful death and conscious pain and suffering, defendants White and Gordon appeal from an order of the Supreme Court, Dutchess County, dated November 26, 1975, which (1) granted plaintiff’s motion to strike the second complete and affirmative defense contained in the answer of said defendants and (2) denied their cross motion to dismiss plaintiffs cause of action for wrongful death. Order reversed, on the law, motion denied, and cross motion granted, with $50 costs and disbursements. The two-year Statute of Limitations for a wrongful…