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LUEBBE v. PRESBYTERIAN HOSP. IN CITY OF N. Y., ETC.

No. 81 Cir. 4219 (RLC).

526 F.Supp. 1162 (1981)

Evelyn LUEBBE and Ray H. Luebbe, Plaintiffs, v. The PRESBYTERIAN HOSPITAL IN the CITY OF NEW YORK AT COLUMBIA-PRESBYTERIAN MEDICAL CENTER, W. Jost Michelsen, M.D., P.C. and Abe Steinberger, M.D., Defendants. W. Jost MICHELSEN, M.D., P.C., Third-Party Plaintiff, v. CODMAN & SHURTLEFF, INC., Third-Party Defendant.

United States District Court, S. D. New York.

November 24, 1981.

Attorney(s) appearing for the Case

O'Connor, McGuinness, Conte, Doyle, Oleson & Collins, White Plains, N. Y., for defendant and third-party plaintiff W. Jost Michelsen, M.D., P.C.; Dennis L. O'Connor, Jr., White Plains, N. Y., of counsel.

Patterson, Belknap, Webb & Tyler, New York City, for third-party defendant Codman & Shurtleff, Inc.; Karl E. Seib, Jr., Susan U. Douglass, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

This is a medical malpractice action against a hospital and two doctors whose alleged negligence caused plaintiffs to sustain damages. The action was commenced in the Supreme Court of the State of New York, County of Westchester. But, on June 17, 1981, one of the individual defendants, Dr. W. Jost Michelsen, initiated a third-party action against Codman & Shurtleff, Inc., alleging that to the extent that plaintiffs...

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