28 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 16,452 times   1 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
  2. Winegrad v. N.Y. Univ. Medical Center

    64 N.Y.2d 851 (N.Y. 1985)   Cited 13,228 times   1 Legal Analyses
    Reversing the motion court's order granting the defendants' cross-motion for summary judgment where they failed to demonstrate, with admissible proof, that the claims against them should be dismissed
  3. Stukas v. Streiter

    83 A.D.3d 18 (N.Y. App. Div. 2011)   Cited 617 times
    In Stukas, the Second Department held that when opposing a motion for summary judgment in a medical malpractice action, a nonmoving plaintiff need only address or rebut those elements of liability or causation prima facie established by the moving defendant (see Stukas v Streiter, 83 AD3d at 30).
  4. Rebozo v. Wilen

    41 A.D.3d 457 (N.Y. App. Div. 2007)   Cited 235 times

    No. 2006-03645. June 5, 2007. In an action to recover damages for medical malpractice and lack of informed consent, the defendant David H. Zelefsky appeals from an order of the Supreme Court, Richmond County (Gigante, J.), dated March 7, 2006, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him. Vaslas Lepowsky Hauss Danke, LLP, Staten Island, N.Y. (Karen Hauss of counsel), for appellant. Burger Perrotta (Charles Burger and Marvin Ben-Aron, Staten

  5. Hambsch v. New York City Transit Authority

    63 N.Y.2d 723 (N.Y. 1984)   Cited 252 times
    In Hambsch, although the Court concluded that expert testimony should not have been admitted at trial without presentation of the underlying X ray, no best evidence rule objection was lodged and the Court's holding cannot be construed as addressing the issue (63 N.Y.2d, at 725).
  6. Gomez v. Katz

    61 A.D.3d 108 (N.Y. App. Div. 2009)   Cited 75 times
    In Gomez v. Katz, the Second Department explained that the continuous treatment doctrine contains three principal elements, the first being that the plaintiff continued to seek, and in fact obtained, an actual course of treatment from the defendant physician during the relevant period.
  7. Cerny v. Williams

    32 A.D.3d 881 (N.Y. App. Div. 2006)   Cited 67 times

    2004-10053. September 19, 2006. In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Hart, J.), entered October 19, 2004, which, upon an order of the same court dated July 21, 2004, granting that branch of the motion of the defendants Andrea Dobrenis and HIP Hospital, Inc., sued herein as LaGuardia Hospital, which was for summary judgment dismissing the complaint insofar as asserted against them, dismissed

  8. Bhim v. Dourmashkin

    123 A.D.3d 862 (N.Y. App. Div. 2014)   Cited 50 times

    2014-12-17 Jane BHIM, et al., respondents, v. Michael DOURMASHKIN, etc., et al., defendants, John Platz, etc., et al., appellants. Heidell, Pittoni, Murphy & Bach, LLP, White Plains, N.Y. (Daniel S. Ratner of counsel), for appellants Michelle N. Johnson and Donna Marchant. Ronemus & Vilensky, New York, N.Y. (Rhonda Abrams Silverman of counsel), for respondents. MARK C. DILLON Heidell, Pittoni, Murphy & Bach, LLP, White Plains, N.Y. (Daniel S. Ratner of counsel), for appellants Michelle N. Johnson

  9. Micciola v. Sacchi

    36 A.D.3d 869 (N.Y. App. Div. 2007)   Cited 60 times

    No. 2005-08911. January 30, 2007. In an action to recover damages for medical malpractice, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Steinhardt, J.), dated July 29, 2005, as granted the separate cross motions of the defendant Asha Mittal, the defendants Sylvie Bastadjian and University Physicians Group, EC, and the defendant Alex Racco for summary judgment dismissing the complaint and all cross claims insofar as asserted against

  10. Shectman v. Wilson

    68 A.D.3d 848 (N.Y. App. Div. 2009)   Cited 51 times

    No. 2008-05398. December 8, 2009. In an action to recover damages for medical malpractice, etc., the defendant Stephen Wilson appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (O'Donoghue, J.), dated April 18, 2008, as denied that branch of his motion which was for summary judgment dismissing the complaint insofar as asserted against him, and the defendants Christine Duncan and Long Island Jewish Medical Center separately appeal, as limited by their respective