Conway v. Ogier

Plaintiff, appellee herein, filed an action to *252recover for medical services against appellants, husband and wife. Appellants counterclaimed — the wife for malpractice, the husband for loss of consortium. Each counterclaim prays for affirmative relief.

On the face of the pleading, the services were rendered in September of 1956, in the city of New York, consisting of an operation on the defendant wife. The defendant husband allegedly remained at all times in the state of Ohio. The petition was filed in February 1959 and the counterclaims in June 1959. The trial court sustained motions to…