Legal Opinion

Schmidt v. Bishop

District Court, S.D. New York

Decided December 6, 1991No. 91 Civ. 4125 (CLB)PublishedCited by 88 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

BRIEANT, Chief Judge.

In this diversity case controlled by New York law, defendants moved to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6), on various grounds. Because affidavits and other information were received and considered, the Court on October 9, 1991 converted the motion into a motion for summary judgment pursuant to Fed. R.Civ.P. 56, and opened the record to further submissions from the parties.

The complaint pleads four separate claims against the individual defendant, Joseph P. Bishop, framed as claims for negligence (count I), malpractice (count II),…

2Cases cited46 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. Lemon v. KurtzmanSupreme Court of the United States · 1971
  3. Meinhard v. SalmonNew York Court of Appeals · 1928
  4. Watson v. JonesSupreme Court of the United States · 1872
  5. Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North AmericaSupreme Court of the United States · 1952

41 more not listed; retrieve them via the Exa API.

3Cited by88 opinions

  1. S.V. v. R.V.Texas Supreme Court · 1996
  2. Gibson v. BrewerSupreme Court of Missouri · 1997
  3. Kenneth R. v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 1997
  4. Malicki v. DoeSupreme Court of Florida · 2002
  5. F.G. v. MacDonellSupreme Court of New Jersey · 1997

83 more not listed; retrieve them via the Exa API.

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