Legal Opinion

Grace Plaza of Great Neck, Inc. v. Elbaum

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

Decided September 21, 1992PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Bracken, J.

The Supreme Court held that a health care facility which provides life-saving medical treatment to an incompetent patient in accordance with the orders of the patient’s attending physician, but over the objections of the patient’s conservator, forfeits the fees to which it would otherwise be entitled as a matter of contract, at least where the conservator in question claims to know what the patient’s own wishes would be *12regarding the administration of life-saving medical treatment. We believe that this holding is erroneous as a matter of law. It does nothing to…

2Cases cited20 opinions

  1. Cruzan Ex Rel. Cruzan v. Director, Missouri Department of HealthSupreme Court of the United States · 1990
  2. People v. PhillipsCalifornia Supreme Court · 1966
  3. Eichner v. DillonNew York Court of Appeals · 1981
  4. Matter of JobesSupreme Court of New Jersey · 1987
  5. Brophy v. New England Sinai Hospital, Inc.Massachusetts Supreme Judicial Court · 1986

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3Cited by2 opinions

  1. Grace Plaza of Great Neck, Inc. v. ElbaumNew York Court of Appeals · 1993
  2. Grace Plaza of Great Neck, Inc. v. ElbaumNew York Court of Appeals · 1993

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