Legal Opinion
Abraham v. Kosinski
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1998PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion to dismiss the second and third causes of action for failure to state a cause of action and to strike the claim for punitive damages. Those causes of action allege fraud and gross negligence or recklessness, respectively. Dismissal of a *968fraud cause of action is required “[w]here [it] gives rise to damages which are not separate and distinct from those flowing from an alleged medical malpractice cause of action” (Karlin v IVF Am., 239 AD2d 560, 561). Here, however, the damages flowing from the…
2Cases cited4 opinions
- Twitchell v. MacKayAppellate Division of the Supreme Court of the State of New York · 1980
- McWilliams v. Catholic Diocese of RochesterAppellate Division of the Supreme Court of the State of New York · 1988
- Karlin v. IVF America, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Lewis v. Columbus HospitalAppellate Division of the Supreme Court of the State of New York · 1956
3Cited by5 opinions
- VARANO, KELLY v. FORBA HOLDINGS, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Abraham v. KosinskiAppellate Division of the Supreme Court of the State of New York · 2003
- Marsh v. Arnot Ogden Medical CenterAppellate Division of the Supreme Court of the State of New York · 2012
- Gomez v. CabaticAppellate Division of the Supreme Court of the State of New York · 2018
- Whitfield v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2018