Legal Opinion

Harkin v. Culleton

New York Supreme Court

Decided June 28, 1989PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Eve Preminger, J.

Defendants move for summary judgment dismissing the complaint as barred by the Statute of Limitations and for failure to state a cause of action.

For the purposes of this motion, which in essence seeks dismissal on CPLR 3211 (a) grounds, the court will assume the truth of the allegations in the complaint.

In 1974 plaintiff began to suffer from headaches and occasional seizures. His treating doctor, defendant Culleton, suspected a brain tumor and called in defendant McMurtry, a prominent neurosurgeon, for a consultation. Defendants agreed that Dr. McMurtry…

2Cases cited6 opinions

Erbe v. Lincoln Rochester Trust Co.New York Court of Appeals · 1957
Sielcken-Schwarz v. American Factors, Ltd.New York Court of Appeals · 1934
Quadrozzi Concrete Corp. v. MastroianniAppellate Division of the Supreme Court of the State of New York · 1977
Renda v. FrazerAppellate Division of the Supreme Court of the State of New York · 1980
Forker v. BrownNew York Court of Common Pleas · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

Harkin v. CulletonAppellate Division of the Supreme Court of the State of New York · 1990
Port Authority v. Evergreen International Aviation, Inc.New York Supreme Court · 1999