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CHARTENER v. KICE

No. 64 Civ. 424.

270 F.Supp. 432 (1967)

William H. CHARTENER, as Heir of Evelyn Chartener, Deceased, Plaintiff, v. Janith KICE, Defendant.

United States District Court E. D. New York.

March 27, 1967.

Attorney(s) appearing for the Case

Speiser, Shumate, Geoghan & Krause, New York City, for plaintiff, Charles F. Krause, New York City, of counsel.

Martin, Clearwater & Bell, New York City, for defendant, Harold Shapiro, New York City, of counsel.

MISHLER, District Judge.

The defendant in this medical malpractice action moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure on the grounds that the plaintiff's survival and wrongful death actions are barred by the statutes of limitations, and that the plaintiff lacks the requisite capacity to sue.

The plaintiff and his wife were New York domiciliaries prior to December, 1959, but in that month they moved their family to...

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