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Edwin Davis et al., Appellants,v.South Nassau Communities Hospital, et al., Respondents.

Brief

14 Cited authorities

  1. Pulka v. Edelman

    40 N.Y.2d 781 (N.Y. 1976)   Cited 924 times
    Holding that parking garage owner had no special relationship to pedestrians passing by on sidewalk in front of garage exit and that garage had no duty to protect off-premise pedestrians from negligent conduct of patrons

  2. Eiseman v. State of New York

    70 N.Y.2d 175 (N.Y. 1987)   Cited 345 times
    Holding that liability for negligent misrepresentation requires injury or damage to plaintiff

  3. Purdy v. Public Administrator

    72 N.Y.2d 1 (N.Y. 1988)   Cited 200 times
    Finding no duty to members of the general public where defendant health facility lacked authority, in non-emergency context, to restrict voluntary resident of nursing home from leaving

  4. De Angelis v. Lutheran Medical Center

    58 N.Y.2d 1053 (N.Y. 1983)   Cited 231 times
    In De Angelis v. Lutheran Medical Ctr., 58 N.Y.2d 1053, 1055, 462 N.Y.S.2d 626, 627, 449 N.E.2d 406, 407 (1983), it declared: "In fixing the bounds of... duty, not only logic and science, but policy play an important role."

  5. Ultramares Corp. v. Touche

    255 N.Y. 170 (N.Y. 1931)   Cited 839 times   1 Legal Analyses
    Holding that defendant accountants "owed to their employer a duty imposed by law to make their certificate without fraud, and a duty growing out of contract to make it with the care and caution proper to their calling" but not a tort duty to make it without negligence

  6. Tenuto v. Lederle Labs

    90 N.Y.2d 606 (N.Y. 1997)   Cited 99 times
    Holding that physician administering polio vaccine to a child had a duty to assess risks to family members of contracting polio from vaccinated infant and advise family of precautions, despite absence of a direct doctor/patient treatment relationship between family members and the physician.

  7. McNulty v. City of New York

    100 N.Y.2d 227 (N.Y. 2003)   Cited 74 times
    Recognizing "the danger that a recognition of [such] a duty would render doctors liable to a prohibitive number of possible plaintiffs"

  8. Cohen v. Cabrini Medical Center

    94 N.Y.2d 639 (N.Y. 2000)   Cited 31 times
    In Cohen (94 N.Y.2d at 643), the Court of Appeals refused to apply section 324A (c) to malpractice liability to the patient's wife, stating that to do so "would be an unwarranted extension of our narrowly drawn jurisprudence with respect to malpractice liability to a patient's family member."

  9. Miller v. Rivard

    180 A.D.2d 331 (N.Y. App. Div. 1992)   Cited 28 times

    June 11, 1992. Appeal from the Supreme Court, Saratoga County, Dominick J. Viscardi, J. O'Connor Yoquinto (Thomas J. O'Connor of counsel), for appellants-respondents. Kelleher Flink (Edward B. Flink of counsel), for respondents-appellants. LEVINE, J. In this action, plaintiffs, John Miller and Sharon Miller, have sued defendant Capital Area Community Health Plan Inc. (hereinafter CHP) and its physician/employee, defendant Donald Rivard, for various damages arising out of the conception and subsequent

  10. Ellis v. Peter

    211 A.D.2d 353 (N.Y. App. Div. 1995)   Cited 23 times
    In Ellis v. Peter, 211 AD2d 353, a medical malpractice action, the Second Department held that, although the spouse may also be considered to be in the class of person whom the physician knew or reasonably should have known were relying upon him for a duty of care to his patient, the Court would not extend the physician's duty to his patient to one based in common law to the patient's wife, thereby creating a new cause of action.