Montefiore Hospital v. Lesser

Full title: MONTEFIORE HOSPITAL, Plaintiff, v. MELVIN LESSER et al., Defendants and…

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

Date published: May 22, 1969

32 A.D.2d 629 (N.Y. App. Div. 1969)

300 N.Y.S.2d 658

Opinion

May 22, 1969

Order of Appellate Term reversing order of Civil Court which dismissed third-party complaint, unanimously reversed, on the law, without costs and disbursements in any court, and order of Civil Court, entered April 27, 1967, reinstated, and the third-party complaint dismissed. (See French Hosp. v. Stuart, 31 A.D.2d 522.) The third-party plaintiffs fail to present a proper factual basis to support a claim that the third-party defendant is estopped from asserting the two-year period of limitation prescribed by the hospital service plan contract.

Concur — Eager, J.P., Capozzoli, Nunez, McNally and Steuer, JJ.