Legal Opinion
McDonald v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2004No. Claim No. 105357PublishedCited by 9 opinions
1Opinion of the Court
Appeal from a judgment of the Court of Claims (Edgar C. NeMoyer, J.), entered December 12, 2002. The judgment granted defendant’s motion to dismiss the claim.
*1200It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Contrary to the contention of claimant, the Court of Claims properly dismissed his claim based on his failure to present expert medical evidence. Because the claim “ ‘substantially related to medical diagnosis and treatment, the action it gives rise to is by definition one for medical malpractice rather than for…
2Cases cited5 opinions
- Mosberg v. ElahiNew York Court of Appeals · 1992
- Ferretti v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 1993
- Russo v. ShahAppellate Division of the Supreme Court of the State of New York · 2000
- Weiss v. ZuckermanAppellate Division of the Supreme Court of the State of New York · 1985
- Harrington v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by9 opinions
- Dilworth v. GoldbergDistrict Court, S.D. New York · 2012
- Abascal v. StateAppellate Division of the Supreme Court of the State of New York · 2012
- ABASCAL, ISIDRO v. STATE OF NEW YORKAppellate Division of the Supreme Court of the State of New York · 2012
- Darley v. United StatesDistrict Court, S.D. New York · 2025
- Dunbar v. Women & Children's Hosp. of BuffaloAppellate Division of the Supreme Court of the State of New York · 2023
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