Dermatossian v. New York City Transit Authority
67 N.Y.2d 219 (N.Y. 1986) Cited 517 timesStating that under Section 5106, "insurers are obliged to honor [the claim] promptly or suffer the statutory penalties"
Kambat v. St. Francis Hosp
89 N.Y.2d 489 (N.Y. 1997) Cited 357 timesHolding that “[w]hen an operation leaves a sponge or implement in the patient's interior, ... the thing speaks for itself without the aid of any expert's advice”
Castro v. New York City Health & Hospitals Corp.
74 A.D.3d 1005 (N.Y. App. Div. 2010) Cited 126 timesNo. 2009-05403. June 15, 2010. In an action, inter alia, to recover damages for medical malpractice and wrongful death, etc., the defendants Cyrus O. McCalla, Tak Kwan, and Judith Mitchell separately appeal, as limited by their respective briefs, from so much of an order of the Supreme Court, Kings County (Jackson, J), dated April 20, 2009, as denied their separate motions for summary judgment dismissing the complaint insofar as asserted against them. Brown Tarantino, LLC, Buffalo, N.Y. (Ann M. Campbell
Rockefeller v. Moront
81 N.Y.2d 560 (N.Y. 1993) Cited 48 timesIn Rockefeller, the New York Court of Appeals simply held that misplaced sutures did not qualify as "foreign objects" for the purpose of the discovery rule enunciated in Flanagan.
Rodriguez v. Medical Group
77 N.Y.2d 217 (N.Y. 1990) Cited 37 timesHolding that "this Court in Flanagan v. Mount Eden Gen. Hosp. recognized a narrow exception . . . in cases where a "foreign object," such as surgical clamps, had accidentally been left inside the patient's body"