Legal Opinion
Kerr v. St. Luke's Hospital
New York Supreme Court
Decided December 31, 1940PublishedCited by 11 opinions
1Opinion of the CourtWalter, J.
This is a death action brought under section 130 of the Decedent Estate Law, which provides that an action thereunder must be commenced within two years after the decedent’s death. The summons was delivered to the sheriff for service within such two years but was not actually served until after-wards. Defendants now move to dismiss upon the theory that section 17 of the Civil Practice Act, which provides that an attempt to commence an action by delivering the summons to the sheriff for service is equivalent to the commencement of such action, has no application to an action brought under…
2Cases cited8 opinions
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Hayden v. . PierceNew York Court of Appeals · 1895
- Mossip v. F. H. Clement & Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Mossip v. F. H. Clement & Co.New York Court of Appeals · 1940
- In re Selwyn Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1918
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stutz v. Guardian Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1947
- Chartener v. KiceDistrict Court, E.D. New York · 1967
- Zarcone v. CondieDistrict Court, S.D. New York · 1974
- McDonough v. CestareAppellate Division of the Supreme Court of the State of New York · 1957
- Rose v. United StatesDistrict Court, E.D. New York · 1947
6 more not listed; retrieve them via the Exa API.