Schmidt v. Bishop
District Court, S.D. New York
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
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- Lemon v. KurtzmanSupreme Court of the United States · 1971
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Watson v. JonesSupreme Court of the United States · 1872
- Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North AmericaSupreme Court of the United States · 1952
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3Cited by88 opinions
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- Malicki v. DoeSupreme Court of Florida · 2002
- F.G. v. MacDonellSupreme Court of New Jersey · 1997
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