4 Cited authorities

  1. Fotinas v. Westchester County Medical Center

    300 A.D.2d 437 (N.Y. App. Div. 2002)   Cited 35 times
    In Fotinas v Westchester County Med. Ctr. (300 AD2d 437, 439 [2d Dept 2002]), the Court denied summary judgment to the defendant as the plaintiffs offered evidence sufficient to raise a question of fact as to whether the defendant's treatment decision was based upon "'something less' than his professional medical judgment'" (id.).
  2. Seibert v. Fink

    280 A.D.2d 661 (N.Y. App. Div. 2001)   Cited 15 times

    Argued January 26, 2001 February 26, 2001. In an action, inter alia, to recover damages for psychiatric malpractice, the defendant Andrew Francis appeals (1), as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated January 7, 2000, as denied that branch of the motion of the defendants Max Fink, Andrew Francis, and Elias Pasol which was for summary judgment dismissing the complaint insofar as asserted against him, and (2) from an order of the same

  3. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,280 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  4. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,180 times   128 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time