Engel v. Lichterman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mangano, J.
In this medical malpractice action, the defendant moved for summary judgment based on plaintiffs’ failure to comply with a conditional order of preclusion which was entered on consent. Annexed to defendant’s moving papers was a verified affidavit of service by mail of said order with notice of entry which correctly designated the address of plaintiffs’ attorney. In an opposing affidavit, plaintiffs’ attorney stated that he never received the aforesaid order. The question to be resolved on this appeal is whether plaintiffs’ attorney’s mere denial of receipt…
2Cases cited14 opinions
- Trusts & Guarantee Co. v. BarnhardtNew York Court of Appeals · 1936
- News Syndicate Co. v. Gatti Paper Stock Corp.New York Court of Appeals · 1931
- Vita v. HellerAppellate Division of the Supreme Court of the State of New York · 1983
- Dulberg v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1938
- A. & B. Service Station, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by52 opinions
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- Leon v. MurphyCourt of Appeals for the Second Circuit · 1993
- Meckel v. Continental Resources Co.Court of Appeals for the Second Circuit · 1985
- Leon v. MurphyCourt of Appeals for the Second Circuit · 1993
- Quantum Heating Services Inc. v. AusternAppellate Division of the Supreme Court of the State of New York · 1984
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