§Why CasetextPricing

Janice Mazella,, Respondent,v.William Beals, M.D., Appellant, et al., Defendant.

Brief

50 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,214 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

  2. Derdiarian v. Felix Contr Co.

    51 N.Y.2d 308 (N.Y. 1980)   Cited 1,882 times
    Holding that the negligence of a driver did not negate a contractor's failure to safeguard an excavation site, and that "[b]ecause questions concerning what is foreseeable and what is normal may be the subject of varying inferences, as is the question of negligence itself, these issues generally are for the fact finder to resolve"

  3. Lolik v. Big V Supermarkets, Inc.

    86 N.Y.2d 744 (N.Y. 1995)   Cited 1,065 times

    Decided July 5, 1995 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Robert F. Doran, J. Grasso, Rodriguez, Putorti, Grasso Zyra, Schenectady (Lawrence J. Zyra of counsel), for appellants. Rowley, Forrest, O'Donnell, Beaumont Pelersi, P.C., Albany (John H. Beaumont and Richard W. Bader of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, with costs, and the matter remitted to that Court for further proceedings in

  4. Cohen v. Hallmark Cards

    45 N.Y.2d 493 (N.Y. 1978)   Cited 1,945 times   1 Legal Analyses
    Holding that the standard of review in assessing a motion for judgment notwithstanding the verdict is whether there is "simply no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence at trial"

  5. Geffner v. North Shore University Hosp

    57 A.D.3d 839 (N.Y. App. Div. 2008)   Cited 158 times

    Nos. 2007-04567, 2007-05463, 2007-05464. December 23, 2008. In an action, inter alia, to recover damages for medical malpractice, wrongful death, and lack of informed consent, the plaintiff appeals (1) from an order of the Supreme Court, Queens County (Dollard, J.), dated March 30, 2007, which (a) denied her motion, inter alia, to strike the answer of the defendant North Shore University Hospital based on spoliation of evidence and to hold that defendant in civil contempt for violating two temporary

  6. Matott v. Ward

    48 N.Y.2d 455 (N.Y. 1979)   Cited 354 times
    Discussing formulation of medical expert's opinion regarding causation, and holding that the issue of causation was properly presented to the jury although the expert testified that he could not say with certainty that car accident was sole cause of plaintiff's condition

  7. Gonzalez v. New York City Housing Authority

    77 N.Y.2d 663 (N.Y. 1991)   Cited 173 times   1 Legal Analyses
    Upholding a $350,000 award for conscious pain and suffering even though the medical examiner noted that two causes of her death - a contusion of the scalp and fracture of the cervical spine - were consistent with a simultaneous loss of consciousness and death, because there was sufficient circumstantial evidence to support the conclusion that decedent was conscious when most of the injuries were inflicted

  8. Liff v. Schildkrout

    49 N.Y.2d 622 (N.Y. 1980)   Cited 185 times   1 Legal Analyses
    Holding that a spouse's cause of action for loss of consortium is a derivative one and does not exist "independent of the injured spouse's right to maintain an action for injuries sustained."

  9. Foster–Sturrup v. Long

    95 A.D.3d 726 (N.Y. App. Div. 2012)   Cited 59 times
    Reversing denial of summary judgment, in part because "plaintiffs failed to raise an issue of fact as to causation"

  10. Ventricelli v. Kinney System Rent a Car, Inc.

    45 N.Y.2d 950 (N.Y. 1978)   Cited 145 times
    Holding rental car company liable for its negligence in placing injured party at the site of later accident would have "stretch[ed] the concept of foreseeability beyond acceptable limits"