Legal Opinion
Chartener v. Kice
District Court, E.D. New York
Decided March 27, 1967No. 64 Civ. 424PublishedCited by 19 opinions
1Opinion of the Court
MISHLER, District Judge.
The defendant in this medical malpractice action moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure on the grounds that the plaintiff’s survival and wrongful death actions are barred by the statutes of limitations, and that the plaintiff lacks the requisite capacity to sue.
The plaintiff and his wife were New York domiciliaries prior to December, 1959, but in that month they moved their family to Palo Alto, California. They returned to New York in September, 1960, in order to visit the decedent’s parents, and, during their stay, the…
2Cases cited49 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Urie v. ThompsonSupreme Court of the United States · 1949
44 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Boudreau v. BaughmanSupreme Court of North Carolina · 1988
- Fonda v. PaulsenAppellate Division of the Supreme Court of the State of New York · 1975
- Spellman v. American Security Bank, N.A.District of Columbia Court of Appeals · 1986
- Sonja Lujan, as Personal Representative of the Estate of Kimberly Lujan, Deceased v. Regents of the University of CaliforniaCourt of Appeals for the Tenth Circuit · 1995
- O'KEEFE v. Boeing CompanyDistrict Court, S.D. New York · 1971
14 more not listed; retrieve them via the Exa API.