Legal Opinion
Mitchell v. New York City Health & Hospitals Corp.
New York Supreme Court
Decided February 25, 1991PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Lewis R. Friedman, J.
Plaintiff moves to consolidate two actions: an action for medical malpractice and an action for wrongful death and medical malpractice brought after the death of the plaintiff in the first action. Plaintiff alleges that both actions have identical parties, involve common questions of law and fact, and arise out of the same continuous course of medical treatment of decedent from June 4, 1987 until his death on November 12, 1989.
Defendant seeks dismissal contending that the second action was improperly brought while the first action was pending. Clearly…
2Cases cited21 opinions
- Sharapata v. Town of IslipNew York Court of Appeals · 1982
- McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1983
- East Asiatic Co. v. CorashAppellate Division of the Supreme Court of the State of New York · 1970
- Sharapata v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1981
- Daniels v. Empire-Ore, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
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3Cited by2 opinions
- Rubick v. AtkinsNew York Supreme Court · 2004
- Rubick v. AtkinsNew York Supreme Court, New York County · 2004