7 Cited authorities

  1. Koeppel v. Benjamin Park

    228 A.D.2d 288 (N.Y. App. Div. 1996)   Cited 80 times

    June 18, 1996 Appeal from the Supreme Court, New York County (Karla Moskowitz, J.). Decedent Sherri Koeppel was diagnosed with colon cancer in February 1992 and died three months later. This action was brought against the gynecologist, internist, gastroenterologist and radiologist who saw decedent at various times during the last two years of her life and who, according to plaintiff, failed to follow accepted medical practice and procedures that might have led to an earlier diagnosis of the cancer

  2. O'Connor v. Oakhurst Dairy

    851 F.3d 69 (1st Cir. 2017)   Cited 17 times   3 Legal Analyses
    Noting a parallel "default rule of construction under Maine law"
  3. Montilla v. St. Luke's-Roosevelt Hosp.

    147 A.D.3d 404 (N.Y. App. Div. 2017)   Cited 17 times

    02-02-2017 Francisca MONTILLA, as Administratrix of the Estate of Maria Almonte, Plaintiff–Appellant, v. ST. LUKE's–ROOSEVELT HOSPITAL, et al., Defendants–Respondents. Levine & Grossman, Mineola (Steven Sachs of counsel), for appellant. Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Judy C. Selmeci of counsel), for respondents. Levine & Grossman, Mineola (Steven Sachs of counsel), for appellant. Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Judy C. Selmeci of counsel), for respondents

  4. David v. Hutchinson

    114 A.D.3d 412 (N.Y. App. Div. 2014)   Cited 13 times
    In David v. Hutchinson (114 A.D.3d 412, 412, 980 N.Y.S.2d 38 [1st Dept.2014]), the decedent complained of abdominal pain during an emergency room visit following gallbladder removal surgery 11 days earlier.
  5. Carrera v. Mount Sinai Hosp

    294 A.D.2d 154 (N.Y. App. Div. 2002)   Cited 7 times

    1016 May 9, 2002. Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about February 27, 2001, which, inter alia, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Christopher Lennon, for plaintiff-appellant. Michael N. Stevens, for defendant-respondent. Before: Nardelli, J.P., Sullivan, Wallach, Rubin, Friedman, JJ. Although the complaint in this medical practice action attributes the onset of cerebral palsy in the infant

  6. McCarthy v. St. Joseph's Medical Center

    16 A.D.3d 243 (N.Y. App. Div. 2005)   Cited 4 times

    5683. March 22, 2005. Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered November 18, 2003, which, in an action for personal injuries and wrongful death based on medical malpractice, insofar as appealed from as limited by the briefs, granted defendant-respondent's motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs. Before: Buckley, P.J., Marlow, Ellerin, Gonzalez and Sweeny, JJ. Assuming in plaintiff's favor that an issue

  7. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 536 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review