United States Second Circuit

In light of plaintiff-s argument that his medical condition prevented him from realizing his failure to attach complaint to the summons he timely served on defendant, an evidentiary hearing is necessary to determine whether plaintiff-s medical condition warrants equitable tolling.

Appellate Information

• Decided 04/12/2002
• Published 04/15/2002

Judges

• SOTOMAYOR, Circuit Judge., Before:  LEVAL and SOTOMAYOR, Circuit Judges, and RAGGI, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Joel E. Brown, pro se, Washingtonville, NY, for Plaintiff-Appellant.


• For Appellees:
  
• James F. Berg, New York, NY, for Defendant-Appellee.