Legal Opinion
Johnson v. Methodist Hospital
New York Supreme Court
Decided December 15, 1960PublishedCited by 1 opinion
1Opinion of the CourtJacob J. Schwabtzwald, J.
In this action for malpractice and negligence defendant moves, pursuant to section 443 of the Civil Practice Act, for an order directing the issue of the defense of the Statute of Limitations to be tried prior to the trial of any of the other issues in the case.
The alleged cause of action accrued in January, 1950 while the plaintiff was still an infant. The plaintiff reached her majority on June 7,1955 and did not commence this action until February, 1959, more than three years after attaining her majority and accordingly, as contended by the defendant, the plaintiff was barred from…
2Cases cited7 opinions
- Smith v. Western Pacific Railway Co.New York Court of Appeals · 1911
- Sayer v. WilstropAppellate Division of the Supreme Court of the State of New York · 1922
- Flynn v. Royal Development Co.Appellate Division of the Supreme Court of the State of New York · 1943
- Romania v. Lamport & Holt, Ltd.Appellate Division of the Supreme Court of the State of New York · 1923
- Reich v. CochranAppellate Division of the Supreme Court of the State of New York · 1916
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3Cited by1 opinion
- Morford v. A. Sulka & Co.Appellate Division of the Supreme Court of the State of New York · 1980