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MURPHY v. ST. CHARLES HOSP.

35 A.D.2d 64 (1970)

Theresa Murphy et al., Respondents, v. St. Charles Hospital, Appellant, et al., Defendant

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

July 20, 1970.

Attorney(s) appearing for the Case

Patrick F. Adams (Anthony J. Cincotta of counsel), for appellant.

Cooper, Abrams & Herman (Hyman Herman of counsel), for respondents.

CHRIST, P. J., HOPKINS and BRENNAN, JJ., concur; (BELDOCK, P. J., deceased).

SAMUEL RABIN, J.

The question raised by the instant appeal is whether plaintiff Theresa Murphy's action to recover damages for personal injuries is barred by the three-year Statute of Limitations applicable to malpractice actions (CPLR 214, subd. 6).

On January 18, 1963, a medical device known as a Moore Prosthesis was surgically inserted in plaintiff Theresa's right hip and femur while she was a patient...

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