Legal Opinion

Rabetoy v. Atkinson

Appellate Division of the Supreme Court of the State of New York

Decided July 18, 1975PublishedCited by 13 opinions

1Opinion of the Court

Order unanimously reversed, without costs, motions granted and action dismissed. Memorandum: In a medical malpractice action plaintiff served a summons on defendants, a hospital and two doctors, in June, 1972. Defendants replied by serving notices of appearance and demands for the complaint. However, no complaint was served during the next seven months. Defendant hospital then sent a letter to plaintiff’s attorney requesting the complaint. Six months later, in July, 1973, the complaint was finally sent to defendants. Defendants refused to accept the complaint and instead brought this motion…

2Cases cited2 opinions

  1. Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
  2. McIntire Associates, Inc. v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by13 opinions

  1. Nelson v. Eastman Dental CenterAppellate Division of the Supreme Court of the State of New York · 1981
  2. Newell v. MakhuliAppellate Division of the Supreme Court of the State of New York · 1975
  3. Manfreda v. Kendall Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
  4. Warren v. BakerAppellate Division of the Supreme Court of the State of New York · 1977
  5. Hayes v. BurkeAppellate Division of the Supreme Court of the State of New York · 1982

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