Legal Opinion

Monahan v. Devinny

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

Decided May 16, 1928PublishedCited by 14 opinions

1Per curiam

The complaint states a cause of action for malpractice. The defendants were chiropractors who had undertaken to treat plaintiff for certain ailments. It appears that as a result of unskillful acts on their part the plaintiff became paralyzed.

The defendants moved to dismiss the complaint on the ground that the action had not been brought within two years from the time the cause of action accrued. (Civ. Prac. Act, § 50, subd. 1; Rules Civ. Prac. rule 107, subd. 6.) The plaintiff argues that the section cited has no application because the defendants were not physicians and were not legally…

2Cases cited9 opinions

  1. Brown v. ShyneNew York Court of Appeals · 1926
  2. Nelson v. HarringtonWisconsin Supreme Court · 1888
  3. Frankel v. WolperAppellate Division of the Supreme Court of the State of New York · 1918
  4. People v. AllcuttAppellate Division of the Supreme Court of the State of New York · 1907
  5. Hurlburt v. GillettNew York Supreme Court · 1916

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

3Cited by14 opinions

  1. Conklin v. DraperAppellate Division of the Supreme Court of the State of New York · 1930
  2. Common School District No. 18 v. Twin Falls Bank & Trust Co.Idaho Supreme Court · 1932
  3. Hirsch v. SafianAppellate Division of the Supreme Court of the State of New York · 1939
  4. School Dist. No. 18 v. Twin Falls B. T. Co.Idaho Supreme Court · 1932
  5. Henderson v. Lincoln Rochester Trust Co.New York Supreme Court · 1950

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

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