Legal Opinion

Goldberg v. Corcoran

New York Supreme Court

Decided April 16, 1987PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Alan LeVine, J.

In this action for a declaratory judgment and injunctive relief, defendant moves to dismiss the complaint for failure to state a cause of action.

Plaintiffs herein seek a judgment declaring that section 5108 of the Insurance Law is unconstitutional. Plaintiff Donald D. Goldberg, M.D., is a physician licensed to practice medicine in New York with a practice in orthopedic surgery. Plaintiff "John Doe,” a fictitious plaintiff, purports to represent both individuals who have been injured in automobile accidents who have attempted to have plaintiff Goldberg treat…

2Cases cited5 opinions

  1. Fearon v. TreanorNew York Court of Appeals · 1936
  2. Szold v. Outlet Embroidery Supply Co.New York Court of Appeals · 1937
  3. MacAffer v. Boston & Maine RailroadNew York Court of Appeals · 1935
  4. Paterson v. University of New YorkNew York Court of Appeals · 1964
  5. MacAfferr v. Boston & Maine RailroadAppellate Division of the Supreme Court of the State of New York · 1934

3Cited by2 opinions

  1. Goldberg v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1989
  2. Stephens v. CooperDistrict Court, E.D. New York · 1990

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