Haber v. Telson

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: The Supreme Court, Special Term, Kings County, Jacob J. Schwartzwald
• Citation: Haber v. Telson, 171 N.Y.S.2d 83, 4 N.Y.2d 687 (N.Y. 1958)
• Decision Date: 09 January 1958
• Parties: , 148 N.E.2d 300 Miriam HABER et al., Appellants, v. David R. TELSON, Respondents.

Page 83

171 N.Y.S.2d 83

4 N.Y.2d 687, 148 N.E.2d 300

Miriam HABER et al., Appellants, v. David R. TELSON, Respondents.

Court of Appeals of New York.

Jan. 9, 1958.

Appeal from Supreme Court, Appellate Division, Second Department, 4 A.D.2d 677, 163 N.Y.S.2d 503.

Action was brought to recover damages arising out of alleged malpractice of defendant.

The Supreme Court, Special Term, Kings County, Jacob J. Schwartzwald, J., 2 Misc.2d 118, 154 N.Y.S.2d 419, entered an order denying the motion of the defendant to dismiss the complaint, and he appealed.

The Appellate Division, 4 A.D.2d 677, 163 N.Y.S.2d 503, reversed the order, granted the motion, and held that action was barred by one-year limitation period of Section 23 of the Civil Practice Act providing that if an action is commenced within time limited therefor, and judgment therein is reversed on appeal without awarding new trial, or action is terminated in any other manner than by voluntary discontinuance, dismissal of complaint for neglect to prosecute the action, or a final judgment on the merits, the plaintiff, or, if he dies and cause of action survives, his representative, may commence a new action...