O'NEILL v. GRAY

No. 159.

30 F.2d 776 (1929)

O'NEILL v. GRAY.

Circuit Court of Appeals, Second Circuit.

February 18, 1929.


Attorney(s) appearing for the Case

Thomas J. O'Neill, of White Plains, N. Y. (Charles D. Lewis, of White Plains, N. Y., and Leonard F. Fish, of New York City, of counsel), for plaintiff in error.

Strongman & Ward, of New York City (Karl W. Kirchwey, of New York City, of counsel), for defendant in error.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The first objection raised by the defendant is the statute of limitations. An action for malpractice must be commenced within two years after the cause of action has accrued. New York Civil Practice Act, § 50. This term has been regarded by the courts as embracing unskillful or illegal practice by doctors or dentists, which results in physical injuries to the person. It is coupled in the statute...

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