Moskol v. Sood
District Court, W.D. New York
1Opinion of the Court
CURTIN, Chief Judge.
This is an action brought by Michael and Patricia Moskol seeking damages for an injury sustained by Michael Moskol during an operation at Jones Memorial Hospital. On October 7, 1974 the court heard oral argument on defendant’s motion brought pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, to dismiss the complaint for failure to state a claim upon which relief can be granted. At the same time, the court considered plaintiffs’ motion to amend the complaint by verifying the same and substituting the amended complaint for a formal notice of claim pursuant to §…
2Cases cited9 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Quintero v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1969
- Joseph v. McVeighAppellate Division of the Supreme Court of the State of New York · 1955
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3Cited by6 opinions
- Lopez v. StateNew Mexico Supreme Court · 1996
- Baker v. County of MonroeDistrict Court, W.D. New York · 1999
- Delaware American Corp. v. Village of AldenNew York Supreme Court · 1980
- Davidson v. Bronx Municipal HospitalAppellate Division of the Supreme Court of the State of New York · 1984
- Steimel v. Incorporated Village of Rockville CentreDistrict Court, E.D. New York · 1997
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