Opinion
May 28, 1937.
Present — Hagarty, Davis, Johnston, Adel and Close, JJ.
In an action for malpractice, the facts of which had not been discovered until the Statute of Limitations (Civ. Prac. Act, § 50) had run, order and the judgment entered thereon dismissing the complaint unanimously affirmed, without costs, on the authority of Tulloch v. Haselo ( 218 App. Div. 313) and Conklin v. Draper (229 id. 227; affd., 254 N.Y. 620).