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Ciotti v. New York Hospital

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1995
221 A.D.2d 582 (N.Y. App. Div. 1995)

Opinion

November 27, 1995

Appeal from the Supreme Court, Suffolk County.


Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is,

Ordered that the motion is granted; and it is further,

Ordered that the portions of the appellant's reply brief which argue that: (1) the plaintiff was entitled to an inference as to the accuracy of his expert's testimony as to the transport of the plaintiff's mother, (2) the defendants failed to establish an "error in judgment" defense, (3) the Supreme Court erred in failing to give a circumstantial evidence charge, (4) the interrogatory removed the issue of whether the defendants timely diagnosed the plaintiff's mother, and (5) the Supreme Court's charge on "error of judgment" was erroneous, are stricken from the reply brief because they were raised for the first time in the reply brief (see, State Farm Fire Cas. Co. v LiMauro, 103 A.D.2d 514, affd 65 N.Y.2d 369). O'Brien, J.P., Santucci, Joy and Friedmann, JJ., concur.


Summaries of

Ciotti v. New York Hospital

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1995
221 A.D.2d 582 (N.Y. App. Div. 1995)
Case details for

Ciotti v. New York Hospital

Case Details

Full title:ANTHONY CIOTTI, Appellant, v. NEW YORK HOSPITAL et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 27, 1995

Citations

221 A.D.2d 582 (N.Y. App. Div. 1995)

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