Faicco v. Golub
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
*818“ ‘The essential elements of medical malpractice are (1) a deviation or departure from accepted medical practice, and (2) evidence that such departure was a proximate cause of injury’ ” (Roca v Perel, 51 AD3d 757, 758 [2008], quoting DiMitri v…
2Cases cited12 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- In re AhoNew York Court of Appeals · 1976
- Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
- DiMitri v. MonsouriAppellate Division of the Supreme Court of the State of New York · 2003
- Roca v. PerelAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by55 opinions
- DiGeronimo v. FuchsAppellate Division of the Supreme Court of the State of New York · 2012
- Bongiovanni v. CavagnuoloAppellate Division of the Supreme Court of the State of New York · 2016
- Martinez v. Orange Regional Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2022
- Garrett v. University Associates in Obstetrics & GynecologyAppellate Division of the Supreme Court of the State of New York · 2012
- Mitchell v. Grace Plaza of Great Neck, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
50 more not listed; retrieve them via the Exa API.