Legal Opinion
Diel v. Bryan
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 2008PublishedCited by 5 opinions
1Opinion of the Court
*1494Memorandum: Plaintiff commenced this action, individually and on behalf of the estate of her son (decedent), seeking damages for decedent’s wrongful death that allegedly resulted from dental malpractice. Supreme Court properly denied the motion of Amy Bryan, D.D.S. (defendant) for summary judgment dismissing the complaint against her. Although defendant met her initial burden, plaintiff raised a triable issue of fact by submitting the affirmation of an anesthesiologist stating that defendant deviated from the acceptable standards of care in her administration of anesthesia to decedent (see…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Matott v. WardNew York Court of Appeals · 1979
- Fuller v. PreisNew York Court of Appeals · 1974
- Roca v. PerelAppellate Division of the Supreme Court of the State of New York · 2008
- Bell v. Ellis HospitalAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by5 opinions
- Diel v. BryanAppellate Division of the Supreme Court of the State of New York · 2010
- Payne v. Buffalo General HospitalAppellate Division of the Supreme Court of the State of New York · 2012
- Nowelle B. v. Hamilton Med., Inc.Appellate Division of the Supreme Court of the State of New York · 2019
- PAYNE, DEREK v. BUFFALO GENERAL HOSPITALAppellate Division of the Supreme Court of the State of New York · 2012
- Payne v. Buffalo General HospitalAppellate Division of the Supreme Court of the State of New York · 2012