PROVOSTY v. LYDIA E. HALL HOSP.


91 A.D.2d 658 (1982)

Leo Provosty et al., Respondents, v. Lydia E. Hall Hospital, Appellant, et al., Defendants. (And a Second Action.)

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

December 20, 1982


Order reversed insofar as appealed from, on the law, without costs or disbursements, appellant's motion to dismiss the complaint in Action No. 1 granted, and plaintiffs' cross motion, inter alia, to strike the affirmative defense of the Statute of Limitations in Action No. 2 denied.

On June 12, 1978 plaintiffs Leo and Mildred Provosty commenced a medical malpractice action (Action No. 1) against Lydia E. Hall Hospital and several doctors, in which they erroneously...

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