WALLGREN v. SUCATO


11 A.D.2d 801 (1960)

John L. Wallgren, Appellant, v. Samuel Sucato, Respondent

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

July 11, 1960


Order reversed, without costs, and motion denied.

It appears from the record that, prior to the service of the amended complaint in 1957, much of the delay was due to the fact that it takes from 2 to 3 years to properly determine the extent of the results or the success of the brain surgery performed upon plaintiff by reason of the injuries attributable to the assault. Plaintiff filed a note of issue and statement of readiness in 1958, and thereafter, in the Fall...

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