Oginski v. Rosenberg
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a wrongful death action, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Levitt, J.), entered February 23, 1984, which, after a jury trial, was in favor of defendants and against plaintiff.
Judgment affirmed, with one bill of costs.
Under Noseworthy v City of New York (298 NY 76, 80) "in a death case a plaintiff is not held to as high a degree of proof of the cause of action as where an injured plaintiff can himself describe the occurrence” (accord, Schechter v Klanfer, 28 NY2d 228). The rationale for the so-called Noseworthy doctrine is that due to the plaintiff’s…
2Cases cited8 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
- Schechter v. KlanferNew York Court of Appeals · 1971
- Wragge v. Lizza Asphalt Construction Co.New York Court of Appeals · 1966
- Busby v. MaloneAppellate Division of the Supreme Court of the State of New York · 1976
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Holiday v. Huntington HospitalAppellate Division of the Supreme Court of the State of New York · 1990
- Johnson v. SniffenAppellate Division of the Supreme Court of the State of New York · 1999
- Gleaton v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
- Scheer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Francois v. Commercial Hotel, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
2 more not listed; retrieve them via the Exa API.