§Why CasetextPricing

Barbara Burns,, Appellant,v.Sudhir Goyal, et al., Defendants, Rakesh B. Patel, et al., Respondents.

Brief

16 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,156 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

  2. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,782 times   9 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."

  3. Friends of Animals, Inc. v. Associated Fur Mfrs., Inc.

    46 N.Y.2d 1065 (N.Y. 1979)   Cited 3,389 times
    Finding summary judgment shall be granted only when there are no issues of material fact and the evidence requires the court to direct judgment in favor of the. movant as a matter of law.

  4. Sillman v. Twentieth Century-Fox

    3 N.Y.2d 395 (N.Y. 1957)   Cited 5,987 times   2 Legal Analyses
    Finding that provision prohibited assignments when the provision stated, in part, that "neither party hereto shall assign this agreement . . . without the prior written consent of the other party," and "that [defendant] shall not be required to recognize any assignments; and that if [defendant] shall receive notice of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"

  5. Castro v. Liberty Bus Co.

    79 A.D.2d 1014 (N.Y. App. Div. 1981)   Cited 561 times

    January 26, 1981 Appeal by defendant Liberty Bus Co. from (1) an order of the Supreme Court, Rockland County, entered July 2, 1980, which denied its motion for summary judgment dismissing plaintiff's complaint as to it, and (2) an order of the same court, entered August 14, 1980, which denied its motion which, in effect, was for renewal. Order entered August 14, 1980 reversed, on the law, without costs or disbursements, order entered July 2, 1980, vacated, appellant's motion for summary judgment

  6. Barbuto v. Winthrop University Hospital

    305 A.D.2d 623 (N.Y. App. Div. 2003)   Cited 191 times

    2002-10185 Argued May 6, 2003. May 27, 2003. In an action to recover damages for medical malpractice, the defendants Robert Klein and Steven Geier appeal from so much of an order of the Supreme Court, Nassau County (Burke, J.), dated October 16, 2002, as granted the plaintiff's motion for leave to renew their prior motion for summary judgment dismissing the complaint insofar as asserted against them, and, upon renewal, vacated its prior order, dated July 23, 2002, granting the motion for summary

  7. Shields v. Baktidy

    11 A.D.3d 671 (N.Y. App. Div. 2004)   Cited 176 times
    Denying summary judgment

  8. Halkias v. Otolaryngology-Facial Plastic Surgery Assocs.

    282 A.D.2d 650 (N.Y. App. Div. 2001)   Cited 90 times
    Finding triable issues as to degree of control where doctor was employed by another entity

  9. Dragotta v. Southampton Hospital

    39 A.D.3d 697 (N.Y. App. Div. 2007)   Cited 74 times
    In Dragotta v. Southampton Hosp., 39 A.D.3d 697, 699 (2d Dep't 2007), the Court states that for a principal to be held vicariously liable, the patient must have reasonably believed that the treating physicians were provided by or acted on behalf of the defendant medical institution.

  10. Burtman v. Brown

    97 A.D.3d 156 (N.Y. App. Div. 2012)   Cited 50 times
    Finding fault in the trial court's imposition of duty of care on initial, primary care defendant doctor for the reasons that she was plaintiff's primary care doctor, saw the plaintiff first, and reviewed a radiology report taken by the specialists defendant referred plaintiff to, when the primary care doctor did not otherwise treat or have reason to be aware of plaintiff's abdominal mass