Legal Opinion

Frye v. Montefiore Medical Center

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

Decided September 18, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Freedman, J.

In this obstetrical medical malpractice action, we are called upon to decide, inter alia, whether the denial of defendants’ summary judgment motion(s) (70 AD3d 15 [1st Dept 2009]) prevents our considering defendants’ motion in limine to preclude plaintiffs expert, Dr. Chone Ken Chen, from offering evidence specifically related to the cause of the plaintiff’s infant’s neurological impairments. We find that it does not because the summary judgment motion focused on different issues from those in the evidentiary motion before us now and because the posture of the…

2Cases cited10 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. People v. WesleyNew York Court of Appeals · 1994
  3. Parker v. Mobil Oil Corp.New York Court of Appeals · 2006
  4. Frye v. Montefiore Medical CenterAppellate Division of the Supreme Court of the State of New York · 2009
  5. York v. ZullichAppellate Division of the Supreme Court of the State of New York · 2011

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