Legal Opinion

Conklin v. Draper

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1930PublishedCited by 68 opinions

1Opinion of the CourtMartin, J.

The question on the defendant’s appeal is whether the first of the two separately stated and numbered causes of action is barred by the two-year Statute of Limitations contained in section 50 of the Civil Practice Act.

The defendant, a physician, operated upon the plaintiff for appendicitis. The operation was performed on May 27, 1925, at the Lexington Hospital in the city of New York. This action was commenced on July 5, 1929, more than four years thereafter. During the course of the operation the defendant used a pair of arterial forceps. After removing the appendix the wound was closed,…

2Cases cited11 opinions

  1. WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
  2. Benson v. . DeanNew York Court of Appeals · 1921
  3. Tulloch v. HaseloAppellate Division of the Supreme Court of the State of New York · 1926
  4. Staley v. JamesonIndiana Supreme Court · 1874
  5. Winter v. . American Aniline Products, Inc.New York Court of Appeals · 1923

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3Cited by68 opinions

  1. Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
  2. Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
  3. Triangle Underwriters, Inc. v. Honeywell, Inc. And Honeywell Information Systems, Inc.Court of Appeals for the Second Circuit · 1979
  4. Shideler v. DwyerIndiana Supreme Court · 1981
  5. Schwartz v. Heyden Newport Chemical Corp.New York Court of Appeals · 1963

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