Legal Opinion

Motto v. Michelle A. Beirouti, R.P.A.C.

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 2011PublishedCited by 2 opinions

1Opinion of the Court

*724On August 15, 2005, the plaintiff was given breakfast and, sometime thereafter, oral contrast material to drink in preparation for a CT scan. The plaintiff vomited twice that morning. The plaintiff was subsequently given lunch and dinner. At some point in the afternoon or early evening of August 15, 2005, the plaintiff’s care was transferred from Popli to the defendant private attending physician Barry Gimbel. The following morning, the plaintiff experienced respiratory distress secondary to aspiration.

The plaintiff commenced this action against, among others, Beirouti, Popli, Gimbel, and…

2Cases cited4 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Arkin v. ResnickAppellate Division of the Supreme Court of the State of New York · 2009
  3. Cham v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 2010
  4. Vaccaro v. St. Vincent's Medical CenterAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by2 opinions

  1. Khutoryanskaya v. Laser & Microsurgery, P.C.Appellate Division of the Supreme Court of the State of New York · 2023
  2. Smith v. ZamaAppellate Division of the Supreme Court of the State of New York · 2025

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