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MONTEFIORE HOSPITAL v. MELVIN LESSER ET AL. (05/22/69)

May 22, 1969

MONTEFIORE HOSPITAL, PLAINTIFF,
v.
MELVIN LESSER ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS-RESPONDENTS. ASSOCIATED HOSPITAL SERVICE OF NEW YORK, THIRD-PARTY DEFENDANT-APPELLANT



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

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.

19690522

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