COOPER v. EDINBERGH


97 Misc.2d 143 (1978)

Elizabeth Cooper, Plaintiff, v. Alfred Edinbergh et al., Defendants.

Supreme Court, Special Term, New York County.

October 31, 1978


Attorney(s) appearing for the Case

Martin, Clearwater & Bell (Robert T. Whittaker of counsel), for Alfred Edinbergh and another, defendants. Morris, Duffy, Ivone & Jensen (Anthony Sammartano of counsel), for Booth Memorial Hospital, defendant. Brett & Finkin (Bob M. Finkin of counsel), for plaintiff.


BENTLEY KASSAL, J.

All defendants move, under CPLR 3211 (subd [a], par 5) to dismiss the complaint, on the grounds that the action is barred by the Statute of Limitations (CPLR 214-a). There are two causes of action, one for medical malpractice and the second for implied contract.

FACTS

In July, 1961, plaintiff was examined by defendant, Dr. Brenner...

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