Legal Opinion

Cannon v. Amarante

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

Decided June 10, 2005PublishedCited by 5 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered September 9, 2004. The order, insofar as appealed from, denied defendants’ motion for summary judgment dismissing the complaint in a medical malpractice action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint in this *1145medical malpractice action. We agree with defendants that “[a] plaintiff cannot defeat an otherwise proper motion for summary…

2Cases cited5 opinions

  1. Noetzell v. Park Avenue Hall Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  2. Winters v. St. Vincent's Medical CenterAppellate Division of the Supreme Court of the State of New York · 2000
  3. Warden v. OrlandiAppellate Division of the Supreme Court of the State of New York · 2004
  4. Matacale v. County of SteubenAppellate Division of the Supreme Court of the State of New York · 2001
  5. Johnston v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by5 opinions

  1. Salvania v. University of RochesterAppellate Division of the Supreme Court of the State of New York · 2016
  2. Gilfus v. CSX Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Bauman v. BaumanAppellate Division of the Supreme Court of the State of New York · 2025
  4. SALVANIA, LAURA v. UNIVERSITY OF ROCHESTERAppellate Division of the Supreme Court of the State of New York · 2016
  5. Salvania v. University of RochesterAppellate Division of the Supreme Court of the State of New York · 2016

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