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SWEENEY v. COLUMBIA PRESBYTERIAN MEDICAL CENTER

No. 89 Civ. 0734 (WK).

738 F.Supp. 802 (1990)

Adrienne J. SWEENEY, as Executrix of the Estate of James Joseph Sweeney, on behalf of and for the benefit of the heirs-at-law of James Joseph Sweeney, deceased, and individually in her own right, Plaintiff, v. The PRESBYTERIAN / COLUMBIA PRESBYTERIAN MEDICAL CENTER, The Greater New York Blood Center/American Red Cross, John Doe I through John Doe X (fictitious names, the true names being unknown) and James R. Malm, M.D., Defendants.

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

June 20, 1990.

Attorney(s) appearing for the Case

Dennis J. Drasco, Lum, Hoens, Conant & Danzis, New York City, for plaintiff.

Bruce M. Young, Kanterman, Taub & Breitner, P.C., New York City, for defendants James R. Malm, M.D. and The Presbyterian/Columbia Presbyterian Hosp.

Roger K. Solomosy, Killarney, Rein, Brody & Fabiani, New York City, for defendant The Greater New York Blood Center/American Red Cross.

MEMORANDUM & ORDER

WHITMAN KNAPP, District Judge.

Plaintiff, Adrienne J. Sweeney, wife of the late James Joseph Sweeney ("Sweeney") and executrix of his estate, brings this medical malpractice and wrongful death action against James R. Malm, Sweeney's former doctor. Dr. Malm moves to dismiss the complaint as time-barred. For reasons which follow, we grant the motion.

BACKGROUND1

On July 3, 1984, Dr. Malm...

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