Legal Opinion
Vozeh v. Good Samaritan Hospital
District Court, S.D. New York
Decided November 7, 1979No. 77 Civ. 4183 (IBC)PublishedCited by 23 opinions
1Opinion of the Court
MEMORANDUM
IRVING BEN COOPER, District Judge.
The application by Dr. Pappalardo to dismiss the complaint (brought on by an order to show cause as recent as November 2, 1979) on the ground that he was not personally served with the summons and complaint in this action is woefully and inexcusably belated. Considerable harm has been done thereby to the rights of the other litigants in the case.
The plaintiffs’ medical malpractice claim arose at the time of the accident, September, 1975. The action was commenced on August 24, 1977. The United States Marshal’s return of service clearly shows that Dr.…
2Cases cited3 opinions
- Harkness v. HydeSupreme Court of the United States · 1879
- Albert A. Taft v. Donellan Jerome, Inc.Court of Appeals for the Seventh Circuit · 1969
- Halpert v. ApplebyDistrict Court, S.D. New York · 1958
3Cited by23 opinions
- Datskow v. Teledyne, Inc.Court of Appeals for the Second Circuit · 1990
- Marcial Ucin, S.A. v. SS GaliciaCourt of Appeals for the First Circuit · 1983
- Burton v. Northern Dutchess HospitalDistrict Court, S.D. New York · 1985
- Datskow v. TeledyneCourt of Appeals for the Second Circuit · 1990
- Merz v. HemmerleDistrict Court, E.D. New York · 1981
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