Legal Opinion
Hendriksen v. Roosevelt Hospital
District Court, S.D. New York
Decided September 15, 1967No. 66 Civ. 102PublishedCited by 4 opinions
1Opinion of the Court
OPINION
McLEAN, District Judge.
The second count in the complaint in this action, jurisdiction of which is based on diversity of citizenship, seeks recovery for the wrongful death of plaintiff’s testatrix allegedly caused by the negligence of defendant hospital and of the individual defendants, who are physicians. The answer of defendant Edsall sets up an affirmative defense of the two-year statute of limitations applicable to wrongful death actions under Section 130 of the New York Decedent Estate Law, McKinney’s Consol.Laws, c. 13.
Defendant Edsall moves for judgment on the pleadings. He…
2Cases cited8 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
- Vincent Graziano v. George W. PennellCourt of Appeals for the Second Circuit · 1967
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Salvatore J. Sylvestri v. The Warner & Swasey Co., Inc., Salvatore J. Sylvestri v. Comad, Inc.Court of Appeals for the Second Circuit · 1968
- Zarcone v. CondieDistrict Court, S.D. New York · 1974
- Evans v. Hawker-Siddeley Aviation, Ltd.District Court, S.D. New York · 1979
- Santaniello v. De FranciscoNew York Supreme Court · 1973