Davis v. Tirrell
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Frederick B. Bryant, J.
In this action the plaintiffs seek to recover damages for alleged medical malpractice on the part of the defendant. The defendant has moved for a dismissal of the complaint pursuant to CPLR 3211 (subd [a], par 7) and for summary-judgment in her favor pursuant to CPLR 3211 (subd [c]) and 3212.
The infant plaintiff, James Davis, was enrolled as a student in Maine-Endwell Central School District. He was the subject of frequent complaints on the part of teachers and classmates concerning his aggressive and disruptive behavior. He also demonstrated poor…
2Cases cited7 opinions
- Dubois v. . DeckerNew York Court of Appeals · 1891
- Mrachek v. Sunshine Biscuit, Inc.New York Court of Appeals · 1954
- Chiasera v. Employers Mutual Liability InsuranceNew York Supreme Court · 1979
- Kleber v. StevensNew York Supreme Court · 1963
- Milano v. StateNew York Court of Claims · 1964
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3Cited by12 opinions
- Harris v. KreutzerSupreme Court of Virginia · 2006
- Dyer v. TrachtmanMichigan Supreme Court · 2004
- Hafner v. BeckCourt of Appeals of Arizona · 1995
- Gallion v. WoytassekNebraska Supreme Court · 1993
- Erpelding v. LisekWyoming Supreme Court · 2003
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