Legal Opinion
Burwell v. Whitmoyer
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 1977PublishedCited by 5 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term, entered August 11, 1976 in St. Lawrence County, which denied defendant Whitmoyer’s motion for summary judgment dismissing the complaint as against him. The underlying action is one for medical malpractice. Our concern on this appeal is whether the action against defendant Whitmoyer is barred by the Statute of Limitations. The summons was delivered to the Sheriff of St. Lawrence County on April 6, 1976 pursuant to CPLR 203 and served on defendant on or about May 20, 1976 in the State of Kentucky. The unverified complaint alleges that…
2Cases cited7 opinions
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Fonda v. PaulsenAppellate Division of the Supreme Court of the State of New York · 1975
- Dobbins v. CliffordAppellate Division of the Supreme Court of the State of New York · 1972
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3Cited by5 opinions
- Duke v. HousenWyoming Supreme Court · 1979
- Schmidt v. Polish People's RepublicDistrict Court, S.D. New York · 1984
- Starbo v. RuddyAppellate Division of the Supreme Court of the State of New York · 1978
- Immediate v. St. John's Queens HospitalAppellate Division of the Supreme Court of the State of New York · 1978
- Duke v. HousenWyoming Supreme Court · 1979