From Casetext: Smarter Legal Research

Cuddihy v. Frank

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1977
59 A.D.2d 932 (N.Y. App. Div. 1977)

Opinion

November 28, 1977


In an action to recover damages for medical malpractice, plaintiff appeals from an order of the Supreme Court, Richmond County, dated September 8, 1976, which (1) denied his motion to dismiss the affirmative defense of Statute of Limitations contained in the answer of defendant Frank and (2) granted the cross motion of defendant Doctors Hospital to amend its answer to include the defense of Statute of Limitations. Order modified by deleting from the first decretal paragraph thereof the word "denied" and substituting therefor the following: "granted, with leave to defendant Frank to serve an amended answer properly pleading the defense of the specific Statute of Limitations claimed to be applicable". As so modified, order affirmed, without costs or disbursements. The time within which defendant Frank may serve the amended answer is extended until 20 days after entry of the order to be made hereon. As presently pleaded the defense of Statute of Limitations by defendant Frank is insufficient since it does not state the prescribed period or periods of limitation upon which he relies (see Lucash v Shields, 19 A.D.2d 793). We have considered plaintiff's other contentions and find them to be without merit (see Proewig v Zaino, 57 A.D.2d 892; Randall v Weber, 45 A.D.2d 731). Hopkins, J.P., Latham, Cohalan and Damiani, JJ., concur.


Summaries of

Cuddihy v. Frank

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1977
59 A.D.2d 932 (N.Y. App. Div. 1977)
Case details for

Cuddihy v. Frank

Case Details

Full title:JOHN J. CUDDIHY, Appellant, v. DONALD FRANK et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 28, 1977

Citations

59 A.D.2d 932 (N.Y. App. Div. 1977)

Citing Cases

Propoco, Inc. v. Birnbaum

The sixteenth affirmative defense, which alleges laches, must be stricken since laches may not be interposed…