Hunt v. Kolken

Appellate Division of the Supreme Court of New York

Hunt v. Kolken

49 A.D.2d 747

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

DecidedSeptember 30, 1975

StatusPublished

Cited by2 cases

This text of 49 A.D.2d 747 (Hunt v. Kolken) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hunt v. Kolken, 49 A.D.2d 747 (N.Y. Ct. App. 1975).

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Opinion

In an action against an attorney to recover damages for malpractice, defendant appeals from so much of an order of the Supreme Court, Orange County, dated July 8,1974, as denied his motion for summary judgment against plaintiff. Order reversed insofar as appealed from, on the law, without costs, and motion for summary judgment against plaintiff granted. In our opinion, no material issues of fact were raised. The facts before Special Term mandated the grant of summary judgment to defendant. Defendant was discharged by plaintiff in August, 1969 and forwarded the file to plaintiff’s new attorney on September 11, 1969. He cannot be liable for subsequent events. Plaintiff had until January, 1970 to proceed against the State and until January, 1971 to institute the medical [748]*748malpractice action. Gulotta, P. J., Rabin, Martuscello, Latham and Shapiro, JJ., concur.

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In an action against an attorney to recover damages for malpractice, defendant appeals from so much of an order of the Supreme Court, Orange County, dated July 8,1974, as denied his motion for summary judgment against plaintiff. Order reversed insofar as appealed from, on the law, without costs, and motion for summary judgment against plaintiff granted. In our opinion, no material issues of fact were raised. The facts before Special Term mandated the grant of summary judgment to defendant. Defendant was discharged by plaintiff in August, 1969 and forwarded the file to plaintiff’s new attorney on September 11, 1969. He cannot be liable for subsequent events. Plaintiff had until January, 1970 to proceed against the State and until January, 1971 to institute the medical [748]*748malpractice action. Gulotta, P. J., Rabin, Martuscello, Latham and Shapiro, JJ., concur.

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Bluebook (online)

49 A.D.2d 747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-kolken-nyappdiv-1975.

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