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DORFMAN v. SCHOENFELD

26 Misc.2d 37 (1960)

Joan Dorfman et al., Plaintiffs, v. Julius Schoenfeld, Defendant.

Supreme Court, Special Term, New York County.

March 10, 1960

Attorney(s) appearing for the Case

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

T. Stanley Bloch, Jerome Golenbock and Donald S. Sherwood for plaintiffs.

MATTHEW M. LEVY, J.

The defendant moves for dismissal of the complaint, pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice, upon the ground that the suit is barred by the Statute of Limitations (Civ. Prac. Act, § 50, subd. 1). The action is for alleged medical malpractice. The complaint was amended after motion, but both sides request that the application be considered upon the basis of...

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