SMITH v. KELLEY


228 A.D.2d 831 (1996)

643 N.Y.S.2d 764

Shirley Smith, Individually and as Guardian ad Litem of Albert F. Smith, Respondent, v. Christine Kelley et al., Defendants, and James F. Castleman, Appellant

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

June 13, 1996


Crew III, J.

On January 27, 1993, plaintiff retained counsel to prosecute a medical malpractice action against defendant St. Peter's Hospital and defendant Christine Kelley for the alleged negligent treatment rendered to her husband, Albert F. Smith, as a result of a stroke he suffered in August 1992, which action was commenced in May 1993. In April 1994, a separate action was commenced by plaintiff and Smith against defendant James F. Castleman (hereinafter...

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