Sly v. Van Lengen

Defendant moves, pursuant to rule 107 of the Rules of Civil Practice, for judgment dismissing the complaint, upon the ground that the cause of action set forth in that pleading did not accrue within the time limited by law for the commencement of an action thereon.

The defendant is a physician residing in the city of Syracuse. The plaintiff, one of his patients, brings this action to recover damages for his alleged malpractice. In order to recover she must have commenced this action within two years after the cause of action accrued. Civil Practice Act, § 50; Hurlburt v. Gillett, 96 Misc. Rep.…