Legal Opinion

Mitchell v. Mid-Hudson Medical Associates

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

Decided March 23, 1995PublishedCited by 7 opinions

1Opinion of the Court

—Cardona, P. J.

Appeal from an order of the Supreme Court (Kahn, J.), entered May 31, 1994 in Albany County, which granted defendants’ motion to vacate a default judgment entered against them.

In this underlying medical malpractice action, plaintiff seeks to recover damages against defendants for failing to timely diagnose and treat decedent’s bladder cancer. Following service upon defendants on or about May 11, 1993, defendant Murray L. Cohen forwarded the summons and verified complaint to his insurance carrier, Medical Liability Mutual Insurance Company (hereinafter the carrier). The summons…

2Cases cited2 opinions

  1. Tiger v. Town of BoltonAppellate Division of the Supreme Court of the State of New York · 1989
  2. Davies v. Contel of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by7 opinions

  1. Peacock v. KalikowAppellate Division of the Supreme Court of the State of New York · 1997
  2. Wade v. Village of WhitehallAppellate Division of the Supreme Court of the State of New York · 2007
  3. Hann v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1998
  4. Wilcox v. U-Haul Co.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Cetnar v. KinowskiAppellate Division of the Supreme Court of the State of New York · 1997

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