Legal Opinion
Martinez v. Patel
New York Supreme Court
Decided January 7, 1985Published
1Opinion of the Court
OPINION OF THE COURT
Herbert Kramer, J.
This court holds in a matter of apparent first impression under CPLR 3106 that discovery may be had on jurisdictional issues prior to answer but must be limited thereto.
A medical malpractice action was instituted by the purported service of a summons and complaint. Prior to joinder of issue a motion was made for dismissal grounded for lack of personal service.
The plaintiffs served a notice of examination before trial on this issue whereupon the defendant moved for a protective order. The plaintiffs then cross-moved for a court order directing such…
2Cases cited6 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Rios v. DonovanAppellate Division of the Supreme Court of the State of New York · 1964
- Etter v. Early Foundry Co.New York Supreme Court · 1937
- Debrey v. HannaNew York Supreme Court · 1943
- Standard Foods Products Corp. v. Vinas Unidas S. ANew York Supreme Court · 1951
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