Legal Opinion
Kilcoin v. Wolansky
New York Court of Appeals
Decided February 17, 1981PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs
Examination of the record discloses that, as the Appellate Division found, “the plaintiff has failed to carry her burden of laying bare sufficient evidence to demonstrate a triable issue of fact on the question of malice” (75 AD2d 1, 13). Moreover, the uncontroverted facts demonstrate that the *997acts of which plaintiff complains were well within the embrace of the defendant’s statutory obligation to see “that there is humane treatment of the patients at his facility and [to] investigate every case…
2Cases cited3 opinions
- Shapiro v. Health Insurance Plan of Greater New YorkNew York Court of Appeals · 1959
- Stukuls v. State of New YorkNew York Court of Appeals · 1977
- Kilcoin v. WolanskyAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by11 opinions
- Garson v. HendlinAppellate Division of the Supreme Court of the State of New York · 1988
- Ives v. Guilford Mills, Inc.District Court, N.D. New York · 1998
- La Scala v. D'AngeloAppellate Division of the Supreme Court of the State of New York · 1984
- Kondo-Dresser v. Buffalo Public SchoolsAppellate Division of the Supreme Court of the State of New York · 2005
- Weissman v. MogolNew York Supreme Court · 1983
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