Legal Opinion
Donnelly v. McLellan
District Court, D. Vermont
Decided May 11, 1995No. Civ. 5:91-125PublishedCited by 3 opinions
1Opinion of the Court
OPINION-ORDER
BILLINGS, Senior District Judge.
On December 12, 1994, Defendant Washington County Public Health Service ("WCPHS”) motioned for summary judgment. WCPHS argues that it is entitled to judgment as a matter of law because Plaintiffs did not provide them with written notice of this suit as is required by New York’s notice of claim statute. Plaintiffs oppose the Motion For Summary Judgment, contending that WCPHS is not the type of entity that is entitled to receive notice under the statute.
I. FACTUAL AND PROCEDURAL BACKGROUND
This is a medical malpractice action. Plaintiffs made…
2Cases cited29 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Salve Regina College v. RussellSupreme Court of the United States · 1991
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3Cited by3 opinions
- Bovich v. East Meadow Public LibraryAppellate Division of the Supreme Court of the State of New York · 2005
- Straker v. Metropolitan Transit AuthorityDistrict Court, E.D. New York · 2004
- Christian v. Town of RigaDistrict Court, W.D. New York · 2009