McALPIN v. BROWNE


15 Misc.2d 255 (1958)

Audrey C. McAlpin, Plaintiff, v. George V. Browne, Defendant.

Supreme Court, Special Term, New York County.

October 29, 1958.


Attorney(s) appearing for the Case

Martin, Clearwater & Bell (John H. Tovey, Jr., of counsel), for defendant.

Hecht, Hadfield, Farbach & McAlpin (J. Arthur Leve of counsel), for plaintiff.


VINCENT A. LUPIANO, J.

Defendant moves for dismissal of the complaint upon the ground that the action therein described is time barred. If the stated causes are for malpractice they are barred. The court is not confronted with any question of sufficiency of the alleged causes nor plaintiff's ability to prove the claims.

In the first cause, plaintiff alleges that the defendant had contracted to perform...

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