Legal Opinion

Evelyn Rivera v. Montefiore Medical Center

New York Court of Appeals

Decided October 20, 2016No. 132PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs, and the certified question answered in the affirmative.

The issue on this appeal is whether the trial court abused its discretion as a matter of law in denying as untimely plaintiff’s motion to preclude the testimony of defendant’s expert on the grounds that the CPLR 3101 (d) disclosure statement was deficient. We hold that it did not.

Decedent entered defendant’s hospital facility with symptoms of pneumonia and died early the next morning after being admitted to an area…

2Cases cited5 opinions

  1. People v. CarrollNew York Court of Appeals · 2000
  2. Bernardis v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 2012
  3. McGlauflin v. WadhwaAppellate Division of the Supreme Court of the State of New York · 1999
  4. Saldivar v. I.J. White Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Rivera v. Montefiore Medical CenterAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by13 opinions

  1. Adirondack Classic Design, Inc. v. FarrellAppellate Division of the Supreme Court of the State of New York · 2020
  2. Shah v. 20 E. 64th St., LLCAppellate Division of the Supreme Court of the State of New York · 2021
  3. Lopez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  4. Heller v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
  5. Goldsmith v. KipnisAppellate Division of the Supreme Court of the State of New York · 2020

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