Legal Opinion
Bodensiek v. Schwartz
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 2002PublishedCited by 11 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Costello, J.), entered August 28, 2000, which, upon the granting of the defendants’ motion to dismiss the complaint for failure to establish a prima facie case, made at the close of the plaintiffs case, dismissed the action.
Ordered that the judgment is reversed, on the law, the motion is denied, and the matter is remitted to the Supreme Court, Suffolk County, for a new trial, with costs to abide the event.
The Supreme Court erred in precluding the testimony of…
2Cases cited5 opinions
- Fuller v. PreisNew York Court of Appeals · 1974
- Erbstein v. SavasatitAppellate Division of the Supreme Court of the State of New York · 2000
- Julien v. Physician's HospitalAppellate Division of the Supreme Court of the State of New York · 1996
- Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Gordon v. Tishman Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by11 opinions
- Mustello v. BergAppellate Division of the Supreme Court of the State of New York · 2007
- Texter v. Middletown Dialysis Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Leavy v. MerriamAppellate Division of the Supreme Court of the State of New York · 2015
- Moon Ok Kwon v. MartinAppellate Division of the Supreme Court of the State of New York · 2005
- Hranek v. United Methodist Homes of Wyoming ConferenceAppellate Division of the Supreme Court of the State of New York · 2006
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