Legal Opinion
Cohen v. Coleman
New York Supreme Court
Decided March 24, 1981PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Arthur W. Lonschein, J.
The unusual question presented by this motion is whether an agreement by a potential defendant in an action to accept service of the summons by mail is a stipulation within the contemplation of CPLR 2104, and hence unenforceable unless made in conformity with that section. It also presents a cautionary tale of value to all practitioners.
Plaintiff, believing herself possessed of a cause of action in medical malpractice against the defendant, retained an associate in a well-known firm to represent her. The senior partner in that firm, in the course of…
2Cases cited5 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Bruno v. Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1980
- Pohlers v. Exeter Manufacturing Co.New York Court of Appeals · 1944
- National Equipment Rental, Ltd. v. Dec-Wood Corp.Appellate Terms of the Supreme Court of New York · 1966
- Marshall v. MarshallAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by2 opinions
- National Equipment Rental, Ltd. v. Polyphasic Health Systems, Inc.Appellate Court of Illinois · 1986
- State Farm Mutual Automobile Insurance v. MamadouNew York Supreme Court · 2007