DIVER v. JEWISH HOSP. OF BROOKLYN


18 Misc.2d 231 (1959)

Patrick Diver, as Administrator of The Estate of Margaret Diver, Deceased, Plaintiff, v. Jewish Hospital of Brooklyn et al., Defendants.

Supreme Court, Special Term, Kings County.

April 21, 1959.


Attorney(s) appearing for the Case

John F. X. Browne for plaintiff.

Martin, Clearwater & Bell for Solomon S. Schwartz and another, defendants.


JOHN E. CONE, J.

This action is based on defendants' alleged negligence and malpractice which resulted in the demise of plaintiff's wife.

Defendant Schwartz moves pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice to dismiss the complaint on the ground that the time within which to commence this action, as to him, has expired.

The action accrued on October 17, 1956, when plaintiff...

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