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Marie Dennehy, et al., Respondents,v.Alan B. Copperman, M.D., et al., Appellants.

Brief

37 Cited authorities

  1. McCoy v. Feinman

    99 N.Y.2d 295 (N.Y. 2002)   Cited 703 times   3 Legal Analyses
    Finding a stipulation of settlement is "generally binding on parties that have legal capacity to negotiate"

  2. Telegraphers v. Ry. Express Agency

    321 U.S. 342 (1944)   Cited 662 times   1 Legal Analyses
    Holding the principles of J.I. Case apply to RLA cases

  3. McDermott v. Torre

    56 N.Y.2d 399 (N.Y. 1982)   Cited 440 times
    Borrowing rationale from medical malpractice cases

  4. Nykorchuck v. Henriques

    78 N.Y.2d 255 (N.Y. 1991)   Cited 328 times
    Holding that the failure to establish a course of treatment cannot constitute a course of treatment

  5. People v. Hobson

    39 N.Y.2d 479 (N.Y. 1976)   Cited 458 times
    Finding constitutional prohibition against use of statements taken without notice to defense counsel, buttressing suppression and reversal with discussion of DR 7-104 violation

  6. Young v. N.Y.C. Health Hosps

    91 N.Y.2d 291 (N.Y. 1998)   Cited 228 times
    Noting that notice of claim must be filed within 90 days of the date the alleged original negligent act or omission occurred and further that medical malpractice actions must be commenced within 2.5 years "from the date of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to said act, omission or failure" (quoting N.Y. C.P.L.R. 214-a)

  7. Ackerman v. Price Waterhouse

    84 N.Y.2d 535 (N.Y. 1994)   Cited 227 times
    Accounting malpractice tort action

  8. Becker v. Schwartz

    46 N.Y.2d 401 (N.Y. 1978)   Cited 338 times   1 Legal Analyses
    Finding courts not equipped to handle the task of comparing the value of life in an impaired state and nonexistence

  9. Wetherill v. Eli Lilly & Co.

    89 N.Y.2d 506 (N.Y. 1997)   Cited 169 times
    Holding that " CPLR § 214–c's reference to ‘discovery of the injury’ was intended to mean discovery of the condition on which the claim was based and nothing more"

  10. Rizk v. Cohen

    73 N.Y.2d 98 (N.Y. 1989)   Cited 177 times
    Holding that plaintiff's claim for fraudulent concealment failed where plaintiff "relie[d] on the same act which forms the basis of his negligence claim — Dr. Cohen's alleged improper advice to plaintiff that there was nothing wrong" and, as such, "plaintiff's allegations do not establish that Dr. Cohen, acting with knowledge of prior malpractice, made subsequent misrepresentations in an attempt to conceal his earlier negligence"

  11. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation