Legal Opinion

Dobbins v. County of Erie

Appellate Division of the Supreme Court of the State of New York

Decided June 3, 1977PublishedCited by 16 opinions

1Opinion of the Court

Order unanimously modified in accordance with memorandum, and, as modified, affirmed, without costs. Memorandum: Defendant, County of Erie, appeals from an order which vacated an order dismissing this medical malpractice action because of plaintiffs failure to serve a complaint in a timely manner. Defendant’s counsel had been aware that plaintiffs attorney of record had been informally discharged and that plaintiffs present counsel was representing them. The motion to dismiss, however, was served upon the attorney of record and not upon present counsel. The record demonstrates a history of…

2Cases cited8 opinions

  1. Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
  2. Monette v. BonsallAppellate Division of the Supreme Court of the State of New York · 1968
  3. Hess v. TyszkoAppellate Division of the Supreme Court of the State of New York · 1974
  4. Palmer v. PalmerNew York City Family Court · 1969
  5. Kitsch v. Riker Oil Co.Appellate Division of the Supreme Court of the State of New York · 1965

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3Cited by16 opinions

  1. Egan v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  2. Juers v. BarryAppellate Division of the Supreme Court of the State of New York · 1985
  3. Deacon's Bench, Inc. v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1982
  4. Stinnett v. Sears Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Fuentes v. HoffmanAppellate Division of the Supreme Court of the State of New York · 2014

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