Legal Opinion
Prince v. State
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 1989PublishedCited by 9 opinions
1Opinion of the Court
— Order unanimously reversed on the law without costs and defendant’s motion granted, in accordance with the following memorandum: The State appeals from an order of the Court of Claims which denied its motion to dismiss the claim on the ground that it was not accompanied by a CPLR 3012-a certificate of merit. In denying the claim, the court determined that the claim sounds solely in negligence, not medical malpractice, and that a CPLR 3012-a certificate thus was not required to be filed with the claim. We disagree.
The claim seeks damages for the conscious pain and suffering and wrongful…
2Cases cited5 opinions
- Santangelo v. RaskinAppellate Division of the Supreme Court of the State of New York · 1988
- Steinberg v. Brookdale Hospital Medical CenterNew York Supreme Court · 1986
- Sullivan v. H.I.P. Hospital, Inc.New York Supreme Court · 1988
- Brown v. StateNew York Court of Claims · 1988
- Hannah v. McLaughlinNew York Supreme Court · 1987
3Cited by9 opinions
- Kolb v. StroghAppellate Division of the Supreme Court of the State of New York · 1990
- Dye v. LeveAppellate Division of the Supreme Court of the State of New York · 1992
- Perez v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1990
- Smith v. CruzAppellate Division of the Supreme Court of the State of New York · 1990
- Frisina v. JonesAppellate Division of the Supreme Court of the State of New York · 1990
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