Legal Opinion
Smid v. Lombard
Appellate Division of the Supreme Court of the State of New York
Decided August 24, 1981PublishedCited by 9 opinions
1Opinion of the Court
In a medical malpractice action, defendant Joseph Lombard appeals from an order of the Supreme Court, Kings County (Monteleone, J.), dated July 9, 1980, which, after a traverse hearing, denied his motion to dismiss the complaint on the grounds of lack of personal jurisdiction and Statute of Limitations. Order affirmed, with costs. Where a process server dies subsequent to a contested service of process and prior to a traverse hearing, his affidavit of service, if it is not conclusory and devoid of sufficient detail (see Jones v King, 24 AD2d 430), shall be admitted in evidence as a prima…
2Cases cited5 opinions
- Empire National Bank v. Judal Construction of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Denning v. LettentyNew York Supreme Court · 1965
- Jones v. KingAppellate Division of the Supreme Court of the State of New York · 1965
- Slotnick v. CampanileNew York Court of Appeals · 1976
- Slotnick v. CampanileAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by9 opinions
- Kaszovitz v. WeiszmanAppellate Division of the Supreme Court of the State of New York · 1985
- Anton v. AmatoAppellate Division of the Supreme Court of the State of New York · 1984
- De Zego v. BruhnAppellate Division of the Supreme Court of the State of New York · 1984
- People ex rel. Walker v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1983
- Rowlan v. Brooklyn Jewish HospitalAppellate Division of the Supreme Court of the State of New York · 1984
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