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MESSINGER v. MOUNT SINAI MEDICAL CENTER

279 A.D.2d 344 (2001)

720 N.Y.S.2d 13

HERBERT MESSINGER, Individually and as Administrator of the Estate of SELMA MESSINGER, Deceased, Appellant, v. MOUNT SINAI MEDICAL CENTER et al., Defendants, KEVIN BAUMLIN et al., Respondents, and ANDREW MESSINGER et al., Counterclaim Defendants-Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 18, 2001.

Pursuant to CPLR 203 (d), counterclaims which would otherwise be barred by the Statute of Limitations are not barred so long as they arise from the same transaction or occurrences as the primary claim (Matter of SCM Corp. [Fisher Park Lane Co.], 40 N.Y.2d 788). Here, the alleged assault and battery of defendant treating physicians by plaintiff and the defendants on the counterclaim, which...

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