Summary
In Federal Int. Banking Co. v. Touche (248 N.Y. 517) the Court of Appeals held that the short Statute of Limitations (negligence) only applies to malpractice actions involving injury to the person.
Summary of this case from DI PIETRO v. HECKEROpinion
Argued March 28, 1928
Decided April 13, 1928
Appeal from the Supreme Court, Appellate Division, First Department.
James Marshall, Louis Marshall and Abraham Shamos for appellants.
Martin Conboy and Edwin N. Moore for Federal International Banking Company, respondent.
H.H. Breland, Emory R. Buckner and Lowell Turrentine for Equitable Trust Company of Baltimore, respondent.
Herbert R. Limburg and Lionel S. Popkin for Ultramares Corporation, respondent.
In each action order affirmed, with costs; question certified answered in the negative. Held, that section 50, subdivision 1, of the Civil Practice Act, in so far as it prescribes a limitation in actions to recover damages for malpractice, refers to actions to recover damages for personal injuries resulting from the misconduct of physicians, surgeons and others practicing a profession similar to those enumerated.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.