Stolpe v. Staten Island Hospital, Inc.

Appellate Division of the Supreme Court of New York

Stolpe v. Staten Island Hospital, Inc.

282 A.D. 896, 124 N.Y.S.2d 915, 1953 N.Y. App. Div. LEXIS 5362

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 26, 1953

StatusPublished

Cited by2 cases

This text of 282 A.D. 896 (Stolpe v. Staten Island Hospital, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stolpe v. Staten Island Hospital, Inc., 282 A.D. 896, 124 N.Y.S.2d 915, 1953 N.Y. App. Div. LEXIS 5362 (N.Y. Ct. App. 1953).

Pincite

Opinion

The amended complaint, served on or about December 27, 1951, alleges two causes of action against the defendant and the respondent, a physician. The first cause of action is to recover damages for conscious pain and suffering alleged to have resulted from burns sustained on January 16, 1949. The second cause of action is for wrongful death alleged to have resulted from said burns. Plaintiff appeals from an order granting respondent’s motion to dismiss the amended complaint as to him on the ground that the causes of action alleged therein did not accrue within the time limited by law for the commencement of such actions. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, MacCrate and Beldock, JJ., concur; Schmidt, J., dissents and votes to modify the order so as to deny the motion to dismiss the first cause of action on the ground that said cause of action is founded in negligence, not malpractice, and the three-year Statute of Limitations applies. (Civ. Prac. Act, § 49, subd. 6.)

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The amended complaint, served on or about December 27, 1951, alleges two causes of action against the defendant and the respondent, a physician. The first cause of action is to recover damages for conscious pain and suffering alleged to have resulted from burns sustained on January 16, 1949. The second cause of action is for wrongful death alleged to have resulted from said burns. Plaintiff appeals from an order granting respondent’s motion to dismiss the amended complaint as to him on the ground that the causes of action alleged therein did not accrue within the time limited by law for the commencement of such actions. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, MacCrate and Beldock, JJ., concur; Schmidt, J., dissents and votes to modify the order so as to deny the motion to dismiss the first cause of action on the ground that said cause of action is founded in negligence, not malpractice, and the three-year Statute of Limitations applies. (Civ. Prac. Act, § 49, subd. 6.)

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Bluebook (online)

282 A.D. 896, 124 N.Y.S.2d 915, 1953 N.Y. App. Div. LEXIS 5362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stolpe-v-staten-island-hospital-inc-nyappdiv-1953.

Opinion

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