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ROY v. HARTOGS

81 Misc.2d 350 (1975)

Julie Roy, Plaintiff, v. Renatus Hartogs, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

March 14, 1975

Attorney(s) appearing for the Case

Jesse Cohen and Samuel Halpern for defendant. Lans, Feinberg & Cohen (Robert S. Cohen of counsel), for plaintiff.

ALLEN MURRAY MYERS, J.

At the end of the opening statements in this action for malpractice and assault, defendant moved to dismiss the plaintiff's causes of action on the ground that they are barred by article 8 of the Civil Rights Law, formerly article 2-A of the Civil Practice Act (see, also, Fernandez v Lazar, NYLJ, Sept. 15, 1971, p 19, col 6 [Sp Ct, NY County, LEFF, J.]). I denied this motion and now render this formal opinion.

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