HERTGEN v. WEINTRAUB


29 Misc.2d 396 (1961)

Margot Hertgen et al., Plaintiffs, v. Frederick Weintraub, Defendant.

Supreme Court, Special Term, Kings County.

April 26, 1961


Attorney(s) appearing for the Case

Martin, Clearwater & Bell for defendant. Milton M. Mokotoff for plaintiffs.


MURRAY T. FEIDEN, J.

Defendant moves to dismiss the complaint on the ground that the causes of action stated therein did not accrue within the time limited by law. The sole question before the court is whether the actions set forth are for breach of contract or for malpractice. If they are the latter, then it is conceded that the motion should be granted.

The first cause of action alleges that the plaintiff...

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