Daugherty v. Popick

— Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered June 17, 1982 in Sullivan County, which granted a motion by defendants Heins and Hamilton Avenue Hospital for summary judgment dismissing plaintiffs’ complaint. Plaintiffs commenced this action to recover damages for medical malpractice, which allegedly occurred in September of 1979, by service of a summons and complaint in December of 1979. Thereafter, issue was joined as to defendant Popick by service of an answer on February 21, 1980 and as to defendants Heins and Hamilton Avenue Hospital (hereinafter…