Legal Opinion

Martini v. Powers

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

Decided November 13, 1984PublishedCited by 7 opinions

1Opinion of the Court

In a medical malpractice action, plaintiffs appeal from an order of the Supreme Court, Kings County (Hirsch, J.), dated September 21, 1983, which, after a traverse hearing, inter alia, denied plaintiffs’ motion to strike the affirmative defenses of lack of personal jurisdiction and the Statute of Limitations, holding that plaintiffs’ attempted personal service of a summons and complaint upon defendant was improper.

Order affirmed, without costs or disbursements.

The issue on the traverse hearing was whether defendant was personally served with a summons and complaint on Saturday, December 4,…

2Cases cited3 opinions

  1. Altman v. WallachAppellate Division of the Supreme Court of the State of New York · 1984
  2. Old Colony Furniture Co. v. FiegoliAppellate Division of the Supreme Court of the State of New York · 1983
  3. Smid v. LombardAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by7 opinions

  1. Wern v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1995
  2. Van Raalte v. MetzAppellate Division of the Supreme Court of the State of New York · 1990
  3. Aquila v. AquilaAppellate Division of the Supreme Court of the State of New York · 1987
  4. Caudle v. AdlerAppellate Division of the Supreme Court of the State of New York · 1989
  5. Karanja v. KaranjaAppellate Division of the Supreme Court of the State of New York · 1993

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