Stitt v. Gold

• Decision Date: 02 July 1962
• Citation: 230 N.Y.S.2d 677,17 A.D.2d 642
• Parties: Earl H. STITT, Respondent, v. John GOLD, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 677

230 N.Y.S.2d 677

17 A.D.2d 642

Earl H. STITT, Respondent, v. John GOLD, Appellant.

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

July 2, 1962.

Garbarini & Kroll, New York City, for appellant; Arnold Davis, New York City, of counsel.

Carl K. Harten, New York City, for respondent.

In an action against a physician and surgeon to recover damages for his alleged breach of contract to cure the plaintiff, the defendant appeals from an order of the Supreme Court, Queens County, dated March 9, 1962, which denied his motion to dismiss the complaint on the grounds: (1) that there was another action pending between the same parties for the same cause (Rules of Civil Practice, rule 107, subd. 3); and (2) that the cause of action did not accrue within the time limited by law for the commencement of an action thereon (Rules Civ.Prac., rule 107, subd. 5). Order affirmed, with ten dollars costs and disbursements, with leave to defendant to answer the complaint within twenty days after entry of the order hereon. No opinion. 33 Misc.2d 273, 225 N.Y.S.2d 536.

UGHETTA, Acting P. J., and KLEINFELD, CHRIST, BRENNAN and HOPKINS, JJ., concur.