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HENDRIKSEN v. ROOSEVELT HOSPITAL

No. 66 Civ. 102.

276 F.Supp. 731 (1967)

Leah K. HENDRIKSEN, as Executrix of the Estate of W. Eloise Hendriksen, deceased, and Leah K. Hendriksen, individually, Plaintiff, v. The ROOSEVELT HOSPITAL, John R. Edsall, A. Salgar and "John" Garrett, Defendants.

United States District Court S. D. New York.

September 15, 1967.

Attorney(s) appearing for the Case

Moser, Henkin & Alper, New York City, for plaintiff.

Martin, Clearwater & Bell, New York City, for defendant John R. Edsall.

Joseph L. Schilling, New York City, for defendants A. Salgar and "John" Garrett.

OPINION

McLEAN, District Judge.

The second count in the complaint in this action, jurisdiction of which is based on diversity of citizenship, seeks recovery for the wrongful death of plaintiff's testatrix allegedly caused by the negligence of defendant hospital and of the individual defendants, who are physicians. The answer of defendant Edsall sets up an affirmative defense of the two-year statute of limitations applicable to wrongful death actions under...

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