Stukas v. Streiter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Leventhal, J.
The issue presented for our review is whether, in a medical malpractice action where a defendant physician moves for summary judgment and makes only a prima facie showing that he or she did not depart from good and accepted medical practice, the plaintiff, in order to defeat summary judgment, must raise a triable issue of fact not only as to this element of a medical malpractice cause of action, but as to causation as well. Although decisions of this Court have, on occasion, included language indicating an affirmative answer to this question, we now clarify…
2Cases cited58 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Akins v. Glens Falls City School DistrictNew York Court of Appeals · 1981
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3Cited by490 opinions
- Rivers v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 2012
- Hayden v. GordonAppellate Division of the Supreme Court of the State of New York · 2012
- Tsitrin v. New York Community HospitalAppellate Division of the Supreme Court of the State of New York · 2017
- Hulett v. City of SyracuseDistrict Court, N.D. New York · 2017
- Faicco v. GolubAppellate Division of the Supreme Court of the State of New York · 2012
485 more not listed; retrieve them via the Exa API.