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STOLPE v. STATEN ISLAND HOSP., INC.

282 A.D. 896 (1953)

Theodore Stolpe, as Administrator of The Estate of Paul Stolpe, Deceased, Appellant, v. Staten Island Hospital, Inc., Defendant, and Morris Schnittman, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 26, 1953.

Order affirmed, with $10 costs and disbursements.

No opinion.

Schmidt, J., dissents and votes to modify the order so as to deny the motion to dismiss the first cause of action on the ground that said cause of action is founded in negligence, not malpractice, and the three-year Statute of Limitations applies. (Civ. Prac. Act, §...

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