JENKINS v. WILBUR


72 A.D.2d 822 (1979)

Vera Jenkins, Respondent, v. Harry J. Wilbur et al., Appellants. (Action No. 1.) Ruth Jenkins, Respondent, v. Harry J. Wilbur et al., Appellants. (Action No. 2.)

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

November 1, 1979


Defendants appeal from those portions of the orders which granted plaintiffs permission to replead actions for malpractice and from the finding that the State was not a necessary party. It appears that on September 30, 1976, defendants Wilbur and Gaidemak, both physicians and general practitioners, executed certifications pursuant to section 9.27 of the Mental Hygiene Law, stating that plaintiffs, upon examination, were in need of hospitalization for psychiatric care and...

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