BUDOFF v. KESSLER


284 A.D. 1049 (1954)

Henry N. Budoff, Respondent, v. Claire Kessler, as Administratrix of The Estate of Barnett Kessler, Deceased, Defendant, and J. Gordon Rubin, Appellant

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

December 13, 1954.


Order reversed, with $10 costs and disbursements, and motion granted, without costs, with leave to plaintiff to serve an amended complaint within ten days from the entry of an order hereon to plead a cause of action for breach of contract.

The Statute of Limitations commenced to run no later than the termination of the dentist-patient relationship between the parties on May 6, 1952, despite the fact that plaintiff did not know about the presence of the foreign object...

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