Gautieri v. New Rochelle Hosp. Assn.
| Decision Date | 26 February 1959 |
| Citation | 183 N.Y.S.2d 803,5 N.Y.2d 952 |
| Parties | , 157 N.E.2d 172 Gabriela GAUTIERI, Appellant, v. NEW ROCHELLE HOSPITAL ASSOCIATION, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 4 A.D.2d 874, 166 N.Y.S.2d 934.
Patient brought action against hospital for damages. The single cause of action alleged that patient entered into a contract in connection with entrance to hospital for surgery, and agreed to pay hospital for use of its facilities, together with necessary, competent, and capable help and nurses, and that hospital was under a duty to use care in choice of such help and nurses, but breached that duty, and that such breach of duty on part of hospital caused patient's damages.
An order was entered by Arthur D. Brennan, J., denying the motion of the hospital to dismiss the complaint, and the hospital appealed.
The Appellate Division held that it was immaterial whether the action be regarded as ex contractu or ex delicto, since common-law duty of hospital and its implied contractual obligation were one and the same, and that the suit, however labeled, was one in negligence, at least for time limitation purposes, and that accordingly the three year period of limitation applied under the Civil Practice Act, § 49, subd. 6, and that the action, which was brought almost six years after alleged cause of action accrued, was barred.
The patient appealed to the Court of Appeals, contending that the action was one for breach of contract and was governed by six year statute of limitations. The hospital contended that the cause of action, however labeled, was one in negligence for time limitation purposes.
Martin, Clearwater & Bell, New York City (Donald J. Fager, and J. Richard Burns, New York City, of counsel), for respondent.
Judgment affirmed, without costs.
All concur.
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