Legal Opinion

Anderson v. House of the Good Samaritan Hospital

New York Supreme Court

Decided December 5, 2002PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Peter A. Schwerzmann, J.

This decision and order addresses motions requesting summary judgment as to defendant David T. Gavan, M.D., who seeks an order granting summary judgment on the basis that plaintiff failed to serve a notice of claim within the statutory time period, dismissing plaintiff’s strict and absolute liability claims, and striking the allegations regarding Dr. Gavan’s employment history, medical condition and licensing issues as contained in the first amended complaint. In response to Dr. Gavan’s motion, plaintiff filed a cross motion pursuant to CPLR 3212,…

2Cases cited3 opinions

  1. Fitzgerald v. LyonsAppellate Division of the Supreme Court of the State of New York · 1972
  2. Fitzgerald v. Sanitation District No. 6Appellate Terms of the Supreme Court of New York · 1977
  3. Fitzgerald v. Sanitation District No. 6 of Town of HempsteadLong Beach City Court · 1977

3Cited by1 opinion

  1. Anderson v. House of Good Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 2007

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