Legal Opinion

Klein v. Mount Sinai Hospital

New York Court of Appeals

Decided February 23, 1984PublishedCited by 15 opinions

1Opinion of the Court

*866OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Defendant’s attorney sent plaintiff’s attorney a letter enclosing a proposed stipulation extending the time to file an answer or make a motion to dismiss. Plaintiff’s attorney signed the stipulation and returned it, after modifying it by striking the provision for making a motion to dismiss and by adding a provision admitting the propriety of service and jurisdiction. Thereafter, defendant’s attorney filed an answer which asserted as an affirmative defense that plaintiff had not obtained…

2Cited by15 opinions

  1. Deitsch Textiles, Inc. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1984
  2. People v. HillsAppellate Division of the Supreme Court of the State of New York · 1988
  3. Ringel v. Blue Ridge InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
  4. VESTERHALT v. City of New YorkDistrict Court, S.D. New York · 2009
  5. Sears, Roebuck and Co. v. Sears Realty Co., Inc.District Court, N.D. New York · 1996

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